CHARLESTON - A Charleston woman is suing Deaf Education and Advocacy Focus of West Virginia, Inc., and the client who hit her in the head with a bottle on July 28.
April Crouch claims that Logan Gentry threw a bottle of sports drink at her in a Charleston Dollar General store, and that both Gentry and DEAF are liable for her injuries in a lawsuit filed Feb. 17 in Kanawha Circuit Court.
"DEAF and its employees had direct and specific knowledge of defendant Logan Gentry's propensity to commit harmful and violent acts toward third-parties in a public setting without provocation," the lawsuit states, "and with such knowledge defendant DEAF had a duty to prevent such harmful and violent acts from again occurring under similar circumstances."
Crouch is seeking "an amount that will fully and fairly compensate for her injuries and damages suffered by her as a direct and proximate result of the negligence of the defendants."
The incident occurred in July when DEAF transported a group of its clients to the Dollar General store in the Plaza East Shopping Center as part of a program that develops interaction skills for its clients, according to the complaint.
Crouch claims she was standing in a check-out line when she was struck in the head with a "full bottle of sports drink."
The complaint states that Gentry was in the Dollar General under the care, custody and control of DEAF.
"Defendant Gentry willfully, deliberately and without provocation threw a full bottle of sports drink in the direction of Plaintiff, striking Plaintiff in the side of the head and face causing serious and significant injury," the complaint says.
Crouch says she sustained severe, significant and debilitating physical injuries, some of which are permanent in nature, as well as past, present and future emotional distress.
"DEAF and its employees owe a duty to the general public to exercise reasonable care under the circumstances to guard against harm to third persons by the individual to whom they are supervising and providing services," the complaint states.
Circuit Judge Tod Kaufman has been assigned the case. A trial by jury is demanded by the plaintiff.
Kanawha Circuit Court case number 06-C-307