Crime Matthew Fox's Assault Lawsuit Withdrawn by Bus Driver A Cleveland bus driver has dropped her case after failing to provide "full and timely cooperation and information," her lawyer says By People Staff Published on May 31, 2012 01:40 PM Share Tweet Pin Email Photo: Neil Rasmus/BFAnyc/Sipa Good news for Matthew Fox: a Cleveland bus driver who alleged that the actor assaulted her in August 2011 has withdrawn her lawsuit, according to papers obtained by PEOPLE. At the time, Heather Bormann told authorities that the former Lost star delivered “sudden and severe blows to [her] right breast, groin, arm and legs, inflicting severe, disabling injury and pain” while attempting to board her vehicle. No criminal charges were filed at the time, but Bormann sued Fox, 45, for assault, battery and infliction of emotional distress. The bus driver’s attorney withdrew from her case in April, according to the EW.com report, and said that his client “intentionally failed and refused to provide full and timely cooperation and information.” Bormann also failed to pay his out-of-pocket expenses, according to court documents. There was no settlement in this case. At the time of her alleged assault, Bormann said that Fox “really scared the crap out of me. He smelled like a liquor cabinet – like a bar.” The news of the lawsuit dismissal comes several weeks after Fox was pulled over in Oregon and charged with driving under the influence and driving without a license. News of the lawsuit’s withdrawal was first reported by reported by EW.com.