The Afghan Whigs' account of a Dec. 11 incident at an Austin, Texas, nightclub -- which

left singer Greg Dulli with a fractured skull -- paints a shocking picture of the alleged

attack by a club employee.

A lawsuit filed by the soul-rock band Dec. 17 in Travis County District Court claims Dulli

was "blindsided" by a bouncer known only as "Taiter" after a show at Liberty Lunch. The

suit alleges that after he was knocked to the ground, Dulli was kicked in the head by

Taiter and lay bleeding while other club employees "made no effort to restrain the vicious

attack."

This description of the incident counters the version previously provided by Liberty

Lunch owner Jeannette Ward. On Dec. 14 she stated that she was not present when the

fight occurred but said that Dulli "came at a stagehand with a two-by-four, and then he

got decked."

According to court documents, the band is suing Liberty Lunch, Ward, assistant club

manager Mileah Jordan and "Taiter." The band is seeking unspecified damages for

personal injury, the postponement of Afghan Whigs shows and the resulting impact on

record sales. The Whigs' current album is 1965, which includes the songs

href="http://media.addict.com/atn-bin/get-

music/Afghan_Whigs,_The/Crazy.ram">"Crazy" (RealAudio excerpt) and

music/Afghan_Whigs,_The/Something_Hot.ram">"Somethin' Hot" (RealAudio

excerpt).

Terming the incident that led to Dulli's hospitalization an "unprovoked and cowardly

attack," the suit alleges that the Whigs were assured that Taiter would be sent home after

a confrontation with the four bandmembers upon their arrival at the club.

The suit further alleges that the violence occurred during a post-concert "meet and

greet," while Taiter and fellow bouncer "Porkchop" -- who had been observed drinking

alcohol and smoking marijuana on the club premises -- were present.

The suit claims Taiter struck Dulli with a forceful blow that dropped him to the ground,

and that Taiter twice kicked Dulli as he lay bleeding on the floor of the club.

Additional claims in the suit include allegations that the club refused to call police or an

ambulance to assist Dulli; that the club's manager aided Taiter and Porkchop in their

departure from the club; and that the club's staff originally had accused Dulli of attacking

Taiter with a baseball bat, but they changed the supposed weapon to a two-by-four when

no bat could be found.

Geoffrey Pivateau, attorney for the club, declined comment on the suit Wednesday (Dec.

30), saying, "I haven't heard anything differently than what I heard before. All these

allegations are as new to me as they are to you."

Last week, Pivateau classified the Whigs' suit against the club as "a publicity ploy," a

statement that provoked a firm response from the Afghan Whigs' attorney, Thomas

Albright.

"When you sustain a life-threatening injury, doesn't that sound absurd as a publicity

stunt?" Albright retorted Wednesday. "That whole notion is offensive as a concept."

In a statement posted on the Afghan Whigs' official website

(http://www.theafghanwhigs.com) Wednesday, the band issued a number of questions

that criticized the club's explanation of the incident.

Questions broached in the posting included, "If the club were acting properly, why would

the bartender refuse to call 911 and summon medical help and police when Greg had

obviously been seriously injured?" and "If Greg had attacked the employee with a bat

and if management claimed to have taken possession of the bat after the attack, why

couldn't the club produce the bat for the police?"

The Whigs wrote that Dulli's health is "slowly improving" and that they hope to make up

most of their postponed shows during a tour scheduled to start in February.

Kevin Buchman, public information officer for the Austin police, said Wednesday that the

investigating officer has turned the case over to the district attorney.

"The case has been forwarded to the district attorney's office for review and they will

present it to the grand jury to determine if formal charges should be filed," Buchman said.