Assault and battery complaint filed against Popeyes Chicken & Biscuits and restaurant manager

By Jon Campisi | Jul 6, 2012

A Philadelphia man is suing a fast food eatery and its manager over claims that restaurant worker struck the plaintiff with a pot, causing the customer to sustain various physical injuries that required medical attention.

Darrell Melvin claims in his civil action, which was filed June 26 at Philadelphia’s Common Pleas Court by Philadelphia attorney Jeffrey M. Rosenbaum, that Muhammad Khalid, a manager at the Popeyes Chicken & Biscuits restaurant at 53 S. 69th St. in Upper Darby, Pa., threw a kitchen pot at him during an altercation at the restaurant on April 26, 2011 at about 11:45 in the morning.

The lawsuit accuses the defendant of verbally abusing Melvin, striking him with a pot, attempting to splatter hot grease on the man, physically grabbing and touching the plaintiff, and using unnecessary roughness.

In addition to Khalid and the restaurant itself, the other defendants named in complaint are Darby Chicken LLC, Amish Parikh, Shaquille Doe, AFC Enterprises and Popeyes Louisiana Kitchen.

The lawsuit, which doesn’t offer specifics with regard to what led up to the alleged altercation, accuses the various defendants of negligence and assault and battery.

The suit states that the physical and verbal assault perpetuated upon the plaintiff constituted “outrageous and egregious” conduct, and was carried out intentionally, willfully and with reckless indifference to the safety and welfare of the plaintiff.

The complaint says that the conduct was beyond ordinary negligence and entitles the plaintiff to punitive damages.

The suit claims that Melvin had to spend substantial sums of money on medical care and treatment, and that his injuries caused him to suffer pain, inconvenience and embarrassment, all to Melvin’s great financial loss and detriment.

The lawsuit doesn’t seem to specify whom exactly defendants Parikh and Doe are in relation to the incident, but it appears from their descriptions in the section of the lawsuit outlying the parties involved that they may have been restaurant employees.

Melvin seeks damages in excess of $50,000.


The case ID number is 120603401.

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