Alleged assault at gas station leads to injury claim against Hess Corp.

By Jon Campisi | Oct 18, 2011

A Philadelphia gas station that was the site of an alleged assault is facing a lawsuit filed by the victim of the attack.

A Philadelphia gas station that was the site of an alleged assault is facing a lawsuit filed by the victim of the attack.

Philadelphia attorney Christy Adams, of Adams Renzi Law, filed the personal injury complaint Oct. 13 at Philadelphia’s Court of Common Pleas on behalf of Hosea Austin, who claims an employee of the car wash located on the defendant’s premises repeatedly punched him in the face during an altercation last year.

The lawsuit accuses the defendant, the Philadelphia-based Hess Corporation, of negligence for allowing an employee to engage in a physical altercation with a customer.

The complaint alleges that while at the defendant’s business on Sept. 17, 2010, Austin was “threatened, berated and punched” by an employee identified in the lawsuit only as “Orlando.”

The alleged incident occurred at the Hess station at 1000 E. Erie Avenue in Philadelphia.

The lawsuit claims that prior to the incident with the plaintiff, Orlando had been involved in physical altercations with other individuals. Orlando had also allegedly “laid his hands” on Austin during a prior incident, although the suit doesn’t offer specifics.

“Prior to Plaintiff’s incident, Defendant did nothing to protect Plaintiff,” the lawsuit states.

Police ended up having to be called to the scene following the assault, although the complaint does not specifically state what occurred upon police arrival.

As a result of the incident, the suit states, Austin sustained various physical injuries, including a facial contusion, eye orbit contusion, headaches, cervical sprain and strain, disc bulges with nerve impingement, lower back problems, a chipped tooth, and lacerations and abrasions over various portions of his body.

Austin also allegedly suffered psychological and emotional injuries such as post-traumatic anxiety and depression.

Austin incurred various expenses related to his medical treatment, and he has suffered a loss of earnings and earning capacity, which he directly blames on the incident in question.

“As a further result of the aforesaid accident, Plaintiff, Hosea Austin, has suffered severe physical pain and trauma, mental upset and anguish and humiliation and may continue to suffer the same for an indefinite time into the future,” the lawsuit claims.

The lawsuit accuses the defendant of negligence and carelessness for failing to properly train its employees, failing to properly supervise its employees, failing to properly police its premises, failing to provide adequate protection for the plaintiff and other business invitees, failing to conduct proper background checks on employees, failing to provide appropriate security measures and utilizing negligent hiring practices.

Austin demands judgment against the defendants in a sum in excess of $50,000.

A jury trial has been demanded.

The case number is 111001600.

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