Woman sues hardware store for assault

By Kyla Asbury | Nov 6, 2012


CHARLESTON -- A woman is suing F.M. Pile Hardware Company after she claims she was physically assaulted and battered by one of its employees.

John Doe, the unknown employee, was also named as a defendant in the suit.

On Oct. 9, 2010, Shirley Stump was a customer in F.M. Pile Hardware’s store when Doe attempted forcibly to obtain an item which she was holding and both negligently and intentionally physically assaulted and battered her, according to a complaint filed Oct. 5 in Kanawha Circuit Court.

Stump claims Doe was an employee of the hardware company.

F.M. Pile Hardware Company was negligent in failing to ensure that its customers would be in a safe environment and not be subject to aggressive behavior from its employees, according to the suit.

Stump claims as a result of the defendants’ alleged negligence and intentional acts, she suffered bodily injuries; endured pain and suffering; has been required to undergo medical treatment; has seen her ability to enjoy her normal activities diminished; has suffered annoyance and inconvenience; and has suffered emotional distress.

The defendants’ actions were intentional, malicious, willful and wanton and demonstrated gross indifference to the defendants’ civil obligations and Stump’s rights, according to the suit.

Stump is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Stephen L. Gaylock.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-2011

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