CHARLESTON – A Charleston woman says a driver for a home delivery food service sexually assaulted her.
The plaintiff, identified only as "J.G.," filed a lawsuit against Rodney Jordan and Schwan's Sales Enterprises in Kanawha Circuit Court on Feb. 24.
She claims Jordan showed up at her house in February 2007 to deliver food she had ordered from Schwan's.
Once inside, the complaint says Jordan made unwanted sexual advances toward the plaintiff, physically assaulted and battered her, grabbed her in a sexually aggressive manner and held her down and would not let her up despite her protests.
"Essentially, the defendant Jordan, during the deliver for Schwan's, held the plaintiff captive in an attempt to sexually assault the plaintiff in her own home and ruin the sanctity and safety thereof," says the complaint.
The plaintiff claims the company and Jordan are liable to her for sexual harassment under the state's Human Rights Act.
She's seeking compensation for pain and suffering, lost future earnings, impairment of earning capacity, emotional and mental anguish, humiliation and embarrassment. She also seeks legal costs and punitive damages.
The plaintiff's lawyer, Jesse Forbes, said punitive damages are necessary to ensure Schwan's takes steps to prevent another such incident from occurring.
"By allowing such disgusting and abhorrent behavior to go on in the course of their business without taking adequate measures to ensure that deliveries were done safely and did not result in these types of dangers, the defendants have shown a reckless disregard for basic safety of clients and society as a whole and punitive damages are necessary to ensure that they do not engage in such conduct in the future," the complaint says.
Kanawha Circuit Judge Paul Zakaib has been assigned the case.
Kanawha Circuit Court case number: 09-C-306