MIAMI -- A Miami law firm announced its plans Monday to file a lawsuit against a NASCAR driver accused of assaulting a 62-year-old security guard at the Homestead-Miami Speedway last month.

Russell Dohan, an attorney with Goldberg & Dohan, said the lawsuit against NASCAR driver Kasey Kahne would be filed Monday in Miami.

Kahne, 27, is charged with one count of battery against Archibald Hutchison, who was working as a security guard at the speedway for a race Nov. 16 when the incident allegedly occurred.

According to a Homestead police report, Kahne was attempting to access a restricted recreational vehicle parking lot on a golf cart after he finished driving his racecar when Hutchison stopped him and asked him for credentials. Kahne stated that he was a driver and didn't need any, then got out of the golf cart and tried to walk through the gate, the report stated. When Hutchison blocked the entrance and asked Kahne for credentials again, Kahne pushed Hutchison to the ground, according to the report.

The report said Kahne was stopped and detained by law enforcement officers who witnessed the incident. He was arrested later that day and released on the signed condition that he appears in court.

Hutchison, who was advised not to let any unauthorized people through gate 208 without exception, was treated at the speedway's medical facility for minor bruises and abrasions, according to the report. Dohan said Hutchison hasn't been able to return to work because of his injuries.

Dohan said his client has suffered emotionally from the incident and is "getting killed" by NASCAR fans on Web site blogs. He also said he planned to have his client speak with the media about the lawsuit at a news conference planned for Tuesday.