MORGANTOWN – A Kanawha County woman has filed suit against Archies Restaurant and one of its workers, alleging she was injured after the worker assaulted her while trying to "initiate" her.
Kimberly N. Walker visited Archies, a restaurant in Saberton, on Oct. 18 while Zachary Redmond was bartending there, according to the complaint filed Dec. 18 in Monongalia Circuit Court.
"Because Walker was an employee of one of Archies sister companies, Redmond informed Walker that she would have to be 'initiated' by having a 'slop bucket' poured on her, or being place in an ice chest," the suit states.
After Walker declined both initiations, Redmond, who Walker claims was intoxicated while working, continued to press her to participate in them, she claims.
He even began to chase after her in an attempt to place her in the ice chest, according to the complaint.
"Redmond went as far as entering the women's restroom at Archies to retrieve Walker as she went in the facility to avoid Redmond," the suit states.
He continued to harass Walker until she closed her tab and left, she alleges.
Upon Walker's departure, Redmond assaulted and battered her, according to the complaint.
"Without consent, Redmond picked up Walker and dropped her on her head," the suit states.
Because of Redmond's actions, Walker claims she suffered severe emotional distress, incurred medical expenses and experienced pain and suffering.
Walker also suffered anxiety, a grief or loss of enjoyment of life and lost wages, according to the complaint.
Redmond knew his actions would bring harmful or offensive conduct and he intended to inflict harm on Walker, the suit states.
"Redmond's acts were not invited, and harmed Walker," the suit states.
Archies knew Redmond had drinking related issues, yet allowed him to drink on the job, and did nothing to stop Redmond's persistent harassment, assault and battery on Walker, according to the complaint.
It breached its duty of care by allowing Redmond to become intoxicated, by allowing him to assault, batter and harass Walker, by hiring Redmond and by allowing his harassing behavior to continue despite Walker's pleas for him to stop, the suit states.
In the six-count suit, Walker is seeking compensation for severe emotional distress, past and future pain and suffering, past emotional distress, past and future medical expenses, anxiety, grief or loss of enjoyment of life and lost wages.
She is also seeking unspecified punitive damages and future emotional distress.
D. Adrian Hoosier II of The Hoosier Law Firm in Charleston will be representing her.
Monongalia Circuit Court case number: 08-C-908