Jon Campisi Jul. 10, 2012, 6:50am

A Philadelphia man who claims he sustained bodily injuries, including having hot tea spilled on him, as a result of an alleged assault perpetuated by convenience store workers, has filed an assault and battery claim against the employees and a local gas station.

Philadelphia attorney Jeffrey M. Rosenbaum filed the civil action July 5 at Philadelphia’s Common Pleas Court on behalf of Linell Banks.

The defendants named in the lawsuit are the Sunoco A-Plus at 2634 N. Broad St., Sunoco Inc., Atlantic Refining Marketing, Broad & Lehigh Inc., Kawaljit Singh, Harjinder Athwal and a John Doe employee whose real identity isn’t known at this time.

According to the complaint, Banks was visiting the Sunoco store on North Broad Street back on April 4, 2011, when the three convenience store employees assaulted him.

The suit does not offer much background on why the alleged assault occurred or what might have prompted the incident.

The suit accuses the defendants of carelessness, negligence, recklessness for physically assaulting the plaintiff, verbally abusing Banks, assaulting the plaintiff by striking and pushing him, causing hot tea to be spilled on the plaintiff, using unnecessary roughness on Banks, improperly restraining the man and holding him against his will.

As a result of the alleged assault, Banks sustained injuries to his neck, shoulders, hip and back, as well as a shock to his nervous system, the lawsuit claims.

Banks’ injuries have caused him “great pain and agony,” the complaint alleges, and have prevented him from attending to his regular duties, activities and occupations.

Pre-existing conditions also may have been aggravated as a result of the assault, the suit claims.

Banks has had to spend money on medical attention to treat his injuries and he is likely to suffer inconvenience and embarrassment in the future, the suit says.

“Defendants subsequent physical and verbal assault and/or attack on Plaintiff constituted outrageous and egregious conduct,” the lawsuit states. “Defendants acted intentionally, willfully and/or with reckless indifference to the rights, safety and welfare of the Plaintiff.”

The lawsuit claims that such “reckless disregard” for the plaintiff entitles him to punitive damages.

Additionally, Banks seeks compensatory damages in excess of $50,000.


The case ID number is 120700596. 

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