LISBON - A woman whose husband died after being punched outside a New Waterford convenience store in 2005 refiled a wrongful death lawsuit against his attacker and the store and its employees.

Patricia Athey, executrix of the estate of Larry Athey Sr., New Waterford, filed the claim against Seth Robinson, New Waterford Enterprises doing business as Vittle Village, Brian Beight and Brandi McCreary, both of New Waterford, and Kerri Shannon of Rogers.

Robinson, now 23, formerly of Poland, remains imprisoned for reckless homicide for causing Larry Athey's death in September 2005. He's serving a four-year prison term with an expected release date of March 5, 2010. Beight, McCreary and Shannon all worked at the Vittle Village.

Athey originally filed the lawsuit in September 2007, but she voluntarily dismissed it in June 2008, opting to refile on Thursday in Columbiana County Common Pleas Court. The lawsuit claimed Robinson was negligent when he struck the 59-year-old victim, causing him to fall and hit his head. He was hospitalized for about a week before he died.

When Robinson was sentenced, the prosecution said he was intoxicated and harassing customers as they came in and out of the store. Athey apparently said something to him, so Robinson, who was 19 years old at the time, punched him.

The lawsuit also claimed negligence on the part of the store and its employees, alleging beer was sold to Robinson and he became intoxicated, creating a risk to other customers. Robinson was underage at the time.

The lawsuit asked for damages in excess of $25,000, with the case assigned to Judge C. Ashley Pike.

Mary Ann Greier can be reached at mgreier@salemnews.net