Ousted exec Benjamin Golden, 32, also said in court papers that driver Edward Caban, is to blame for any injuries he suffered during their Oct. 30 encounter in Costa Mesa, Calif.
Golden's lawyer Courtney Pilchman told CNBC on Friday that she also has informed prosecutors she will seek to have Caban's video of the attack barred from evidence in the criminal case against Golden on the grounds that the recording was allegedly illegally made by the driver.
"I don't believe he has any of those," she said.Both Golden's claim for $5 million in damages from Caban and others, as well as his suggestion that Caban bore responsibility for any "damages" he incurred, are contained in court documents filed in response to Caban's own civil lawsuit against Golden for the attack.
Golden, a Newport Beach resident, is taking an aggressive legal tack against Caban despite lawyers Pilchman and Anita Kay earlier having said that Golden wanted to "sincerely apologize" to the driver for the incident and that he was "extremely remorseful."
"Mr. Golden accepts full responsibility for his actions and understands the consequences that may occur as a result," the lawyers said in November. Pilchman also said at that time that Golden was too drunk to remember the event.
Golden's civil cross-complaint cites the California penal code, which says a person cannot intentionally record a conversation with someone else "without the consent of all parties."
Golden also claims that unknown other persons — whom he is also suing — violated the law further by disseminating the video of that encounter that Caban later posted on YouTube, and which has been viewed well over 2 million times.
Golden furthers said in filings that because of the "overwhelming media coverage" of the video, Golden "has suffered severe emotional distress, humiliation, anxiety, fear, pain and suffering and the loss of his job."
Golden was arrested after the incident, and is charged with multiple misdemeanor charges of assault and battery.
Golden was charged with assault and battery, while Caban launched a civil suit seeking damages in excess of $25,000 assault, battery, and infliction of emotional distress.Days later, Taco Bell fired Golden, who had led mobile commerce and innovation initiatives for the fast-food chain owned by Yum Brands.
Caban said he was forced to quit his job as a driver following the attack, and now lives in fear following the confrontation.In his own court filings, Golden claims it was "apparent to Mr. Caban that Mr. Golden was intoxicated when he picked him up, yet he continued to allow Mr. Golden inside his vehicle."