CHRISTIANSBURG, Va. (AP) _ A lawyer for two men who say former Virginia Tech quarterback Jim Druckenmiller attacked them outside a bar has withdrawn a $500,000 lawsuit against Druckenmiller and three others but said the case will be refiled.
Jimmy Turk, lawyer for Jessie Phillips and Sean David Elko, said Thursday he was concerned that the suit filed in February 1998 would be dismissed for missing the one-year deadline to notify the defendants. Turk said process servers had difficulty reaching Druckenmiller, a reserve quarterback for the San Francisco 49ers.
Lawyers for Druckenmiller filed a motion this week seeking to dismiss the case, saying the plaintiffs didn’t try to find out where Druckenmiller lives.
Phillips and Elko said they were assaulted by Druckenmiller and three other men on March 1, 1996, outside the Top of the Stairs bar in Blacksburg. Phillips and Elko, who were Tech students at the time, said they suffered facial injuries and broken bones.
Two of Druckenmiller’s co-defendants in the suit, Christopher and Jonathan Bishock, were convicted on misdemeanor assault and battery charges following the incident. Criminal charges against Druckenmiller and the fourth defendant, former Tech linebacker George DelRicco, were dismissed.