CHARLESTON – The mother of a Kanawha County teenager says a Taco Bell coworker choked her daughter.
Melissa Spitzer, on behalf of her daughter identified only as S.T., filed the complaint August 30 in Kanawha Circuit Court against Norman Martin and Charter Central doing business as Taco Bell. Charter Central is a Taco Bell franchisee, and Martin is an employee at the Cross Lanes location.
According to the complaint, S.T. was working her shift at Taco Bell on July 28 when Martin “viciously attacked” her. It says he suddenly grabbed and choked the girl by her throat.
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“I bet you like it like that, don’t you?” Martin allegedly said to the girl, who replied “no” before getting free from Martin.
The girl then reported the attack to her mother, and a police report was filed with the Kanawha County Sheriff’s office. After an investigation and review of video footage, the Kanawha County Prosecuting Attorney’s Office charged Martin with malicious assault against a minor.
“Other coworkers lodged complaints to the Taco Bell management regarding inappropriate sexual misconduct perpetrated by defendant Martin,” the complaint states. “Instead of taking any sort of disciplinary action against defendant Martin for his heinous actions, defendant Taco Bell allowed him to continue harassing and attacking its employees, including the minor child, T.S.”
The plaintiffs accuse the defendants of negligence and negligent infliction of emotional distress. The also accuse Taco Bell of negligent hiring, supervision and retention.
They seek compensatory damages for permanent psychological injuries, past and future damages including pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame, inconvenience and other damages. They also seek punitive damages and other relief.
Michael Cary of Cary Law Office in Charleston is representing the plaintiffs. He declined to comment on the case, which has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 21-C-762
