Flea market sued for 'outrageous,' 'reckless' actions

By Kyla Asbury | Jan 11, 2011

CHARLESTON -- A Kanawha County man is suing Parkway Flea Market for outrageous conduct and reckless hiring.

John Douglas Wheeler II, an employee or renter of Parkway, was also named in the suit.

On June 27, 2009, Phillip Joe Waller was walking through the Parkway Flea Market when he engaged in conversation with Wheeler, according to a complaint filed Dec. 20 in Kanawha Circuit Court.

Waller claims Wheeler became irate, so he asked to speak to the owner. He claims Wheeler asked the owner to come out and speak to Waller, then proceeded to pull out two knives and chase after Waller.

Wheeler's behavior was outrageous and threatening, according to the suit.

Waller claims the owner informed him that he knew of Wheeler's mental/emotional problems, but despite his background and history of psychological issues, still hired him.

The defendants actions caused Waller emotional and mental distress, according to the suit.

Waller is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Paul M. Stroebel.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 10-C-2273

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