CHARLESTON -- A man is suing D's Tasty Freeze after he claims he was maliciously and willfully assaulted while in its parking lot.
Dennis R. Dodd, an owner/agent of D's Tasty Freeze, was also named as a defendant in the suit.
On Oct. 4, 2010, Delbert L. Rose was a customer of the defendants and after paying for his meal, he exited the dining room area and proceeded to the parking lot, according to a complaint filed Aug. 3 in Kanawha Circuit Court.
Rose claims Dodd approached him in the parking lot, confronted him and ordered him to remove his vehicle from the D's Tasty Freeze parking lot.
Without justification or adequate provocation, Dodd maliciously and willfully assaulted and violently battered Rose, causing him to suffer severe and permanent injuries, according to the suit.
Rose claims as a result of Dodd's conduct, he was seriously and severely injured in and about his chest, eyes, neck, body and extremities, and has had to undergo painful and extensive medical care and treatment.
Dodd's actions were willful, wanton and/or undertaken with reckless disregard to the rights of Rose and placed him in reasonable apprehension of receiving a violent injury, according to the suit.
Rose is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by David R. Pence and Todd S. Bailess.
The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 12-C-1564