CHARLESTON – A woman is suing Kroger Limited Partnership and one of its employees for assault and battery
On Dec. 21, 2012, James Deal stopped Valerie D. Thomas as she was leaving the store and inquired as to whether she had a receipt for meats in her arms, apparently suspecting shoplifting, according to a complaint filed Dec. 19 in Kanawha Circuit Court.
Thomas claims when she told Deal that she did not need a receipt, he grabbed her arm and attempted to force her to return to the store.
When Thomas attempted to break away from Deal's grasp, he physically pinned her against the side of the building, handcuffed her and escorted her back into the store, according to the suit.
Thomas claims upon returning to the store, Deal was advised that she had purchased the turkey and returned it to the meat department for cutting.
The meat department clerk had clearly written on the cellophane covering the meat, "No charge," which Deal, having ample opportunity to view the writing, but chose not to, according to the suit.
Thomas claims Deal's actions constitute assault and/or battery.
Deal's actions constitute unlawful and false imprisonment and detention under the statutes, common law and constitution of the West Virginia, according to the suit.
Thomas is seeking compensatory and punitive damages. She is being represented by Michael T. Clifford and Richelle K. Garlow.
The case is assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 14-C-2209