CHARLESTON — A Kanawha County man is suing a discount store over allegations he was injured when a loss prevention specialist knocked him over while in pursuit of a suspected shoplifter.
Jerry Lewallen filed a complaint in Kanawha Circuit Court against Gabriel Bros. Inc. and John Doe, individually and in his capacity as employee of Gabriel Bros. Inc., alleging negligence.
The suit states that the plaintiff was standing next to a bench at the defendant's Charleston store on Oct. 27, 2018, when he was struck by Doe, a loss prevention specialist, and knocked to the ground. Doe allegedly ran past the plaintiff in pursuit of a shoplifter.
The suit states that the plaintiff was injured and an incident report was filed, but the defendant refused to provide him a copy.
The plaintiff alleges Gabriel Bros. breached its duty of care by allowing employees to act in a negligent and careless manner.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Joseph H. Spano Jr. of Pritt & Spano PLLC in Charleston.
The case has been assigned to Judge Carrie Webster.
Kanawha Circuit Court case number 19-C-760