Obviously, he is. But Mr. J has given you the "correct answer".
You might consider asking the store manager the reason that their store hires such litigious individuals. Better yet, have your lawyer make the inquiry. And if the plaintiff is still working, how bad can his injury be?
Consider a counter suit for not paying attention, dereliction of duty, and having parents that were not thrown out of the gene pool.
Or consider having Don Giovanni pay him a visit-
I truly hope that this is resolved quickly and in your favor.
Jay