CHARLESTON — A woman is suing Boost Mobile for an alleged physical altercation that occurred in a Charleston storefront.
Dish Wireless is doing business as Boost Mobile.
Amy L. Fowler and John Doe were also named as defendants in the suit.
Giatras
Kizzie Moore went to Boost Mobile in Charleston on Sept. 15, 2021, to make a payment on her account and was in the process of making the payment when an older gentleman entered the store to make a payment on his account, according to a complaint filed in Kanawha Circuit Court.
Moore claims Doe was assisting the older gentleman but was extremely rude and Moore told him his behavior toward the gentleman was inappropriate and unacceptable. She completed her transaction and left the store after the incident.
Later that day, Moore received a text message that the pin number on her account had changed, but she did not change her pin, according to the suit.
Moore claims the following day, she went to a different Boost Mobile storefront to address the issue and the employee at that store could not locate her account.
The employee called the previous store and was informed that Moore needed to return to the first store to speak with Fowler. When Moore arrived, she asked to speak with Fowler and explained that she believed her account may have been tampered with by Doe because of the incident the previous day.
Moore claims Fowler accused her of lying and when Moore requested Fowler's supervisor's phone number, Fowler gave an insulting response that escalated into a physical altercation and Fowler began to punch Moore.
"While Ms. Moore was attempting to defend herself, employee John Doe thrust his boots into Ms. Moore's back and gripped her neck in a headlock," the complaint states. "Eventually, Ms. Moore was able to break away from the employees and moved toward the exit, afraid of further physical violence."
Moore claims as she fled, additional insults, including racial slurs, were shouted toward her by Fowler and Doe and one employee sprayed her with pepper spray.
The entire incident was witnessed by J.M. and E.S., Moore's child and nephew, who were with her at the time, according to the suit.
Moore claims she incurred injuries and the children incurred emotional damage from the incident.
Moore is seeking compensatory and punitive damages. She is represented by Troy N. Giatras, Phillip A. Childs and Levi B. Pellegrin of The Giatras Law Firm in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 22-C-305