Delivery service, driver sued for sexual assault

By Cara Bailey | Jul 27, 2007

CHARLESTON - A Kanawha County woman has filed a suit against a local delivery service and one of its deliverymen claiming he sexually assaulted her in his delivery vehicle.

Attorney Steven B. Wiley filed the suit on behalf of the woman, known only as Jane Doe, on July 10 in Kanawha Circuit Court against DHL Express, Ray Delivery Service LLC and a John Doe, known as "Jackie."

Ray's Delivery is a contractor of DHL Express, a national package delivery and pick-up service.

According to the suit, Jane Doe is employed at a veterinary hospital in Kanawha County, where Ray's makes pick-ups and deliveries. For several months before April 27, 2007, Jackie would make the pick-ups and deliveries and Jane Doe would have "brief verbal interactions" with him when he arrived, the suit said.

Jane Doe claims that during this time, Jackie began to express a romantic interest in her, but did not make crude or obscene sexual propositions. Jane Doe claims she had no reciprocal feelings toward Jackie and made it clear to him that she was not interested in pursuing any form of a relationship with him.

According to the suit, on April 27, Jane Doe took a dog on a walk to a house located one-half to three-quarters of a mile away from the animal hospital. On her way back to work, Jane Doe encountered Jackie in his work truck, driving in the opposite direction. Upon seeing her, he pulled over and offered her a ride.

Jane Doe claims she refused, saying he was going in the opposite direction, but Jackie said he would turn around. So, worried about being late getting back to work, she agreed to ride with him.

According to the suit, Jackie continued going in the opposite direction, and "began to make extremely crude and offensive sexual comments and propositions." He also forcibly placed his hand on her inner thigh and tried to touch and fondle her.

The woman says she actively protested the touching, verbally and physically.

"Jackie expressed his desire and/or intent to drive ... to the Kanawha State Forest for the reasonably implied purpose of engaging in non-consensual sexual relations with her," the suit said.

According to the suit, Jackie then stopped at an unknown location and made a delivery, but Jane Doe was stunned from his actions, and was unfamiliar with the area, and did not flee from the vehicle.

After the delivery, Jackie went back to Oakwood Road and dropped her off at a convenience store. Jane Doe claims she walked back to work, but she was so frightened and nervous she was unable to concentrate. She was unable to work the next day.

Since the incident, Jane Doe claims she has gone to therapy because she has experienced stress, nervousness, anxiety, depression, loss of concentration and difficulties sleeping.

In the 11-count suit, Jane Doe claims assault and battery against Jackie, as well as false imprisonment.

Jane Doe seeks compensatory and punitive damages.

The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number 07-C-1396

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