Battery

I will try and be brief, but knowing the whole story is necessary to help me. My fiance is an independant hauler for a lumber company. He does not work for the lumber company! Friday, he was in the lumber yard to pick up a load and the young man driving the forklift that loaded the truck did not load it properly. It is important for the load to be loaded properly as it then becomes the responsibilty of my fiance when he leaves the yard to deliver. My fiance told the man he would need to redo the load to make it safe. The young man became angry, jumped off the forklift and hit my fiance so hard he suffered a concussion as well as other cuts and bruises. We pressed charges and the young man was fired from his job. This is all well and good but now come the hospital bills, lost wages and pain and suffering. Do we go after the young man (he has nothing and will probably flee before his trial) or is the lumber yard responsible? My fiance is like a customer to the lumber yard as he is doing business there just as if I went to buy it myself. Please help. The bills will be coming soon and we don't know what to do? Also, we are very frightened of this man (he is known for his criminal record and I've heard even the local police are afraid of him.) We tried to get a restraining order but were told there is no such thing in West Virginia. Only male/female can get restrainging orders here. Thanks and sorry for the long post.....Robin

Perhaps it doesn't matter, but the boy that hit my fiance is in his early 20s and my fiance is nearly 30 years older. Also the young man is 6'2 and about 280 lbs. and my poor fiance is a mere 5'8 and 150 lbs. I asked my fiance if he provoked it and he said "to start a fight with this guy would be like fighing an oak tree. Witnesses say my fiance crossed his arms when he saw him coming hoping if he saw my fiance would not fight back he would stop. Didn't work!