Auto repair shop named as defendant in assault and battery complaint

An auto repair shop customer who claims he was attacked and beaten by employees at

the business two years ago has filed an assault and battery complaint against the Philadelphia garage in state court.

Feasterville, Pa. attorney Jeffrey I. Zimmerman, of the firm Rovner, Allen, Rovner, Zimmerman and Nash, filed suit at the Philadelphia Court of Common Pleas Dec. 11 on behalf of Colin Harvey and Olga Rosario, both of the 7000 block of Shelbourne Street in Northeast Philadelphia.

The defendant named in the civil action is MS Auto Repair LLC, doing business as Midas, which is located at 854 Cottman Avenue in the Northeast.

According to the complaint, Harvey was at the repair shop at about 4:30 in the afternoon on Dec. 27, 2010, to have automotive repairs done to his vehicle, when suddenly, without cause, threat or provocation, the plaintiff was “violently and brutally” assaulted and battered by the shop’s manager, a beating that continued when mechanics and other employees of the defendant joined in.

“The aforesaid acts and actions on the part of the Defendant’s employees were preceeded by the said employees making derogatory, insulting and intimidating comments about the Plaintiff’s race and their disapproval of his apparent relationship with a female of a different race,” the lawsuit reads.

The suit claims that the plaintiff took no “provocative, aggressive or other violent or threatening action” toward the shop’s manager, customer service representative, mechanics or other individuals employed by the defendant, so as to cause them to feel in danger for their own safety or to have caused them to act in self-defense.

As a result of the incident, the lawsuit claims, Harvey sustained injuries to his head, left ribs and right ankle, contusions and abrasions, and damage to his nerves and nervous system, as well as other injuries.

Harvey had to spend money on medical attention and he has suffered a loss of earnings due to his inability to work, the complaint says.

The plaintiff has also suffered mental anguish, humiliation, inconveniences and loss of life’s pleasures.

The defendant is accused of negligence for failing to properly control the activities of its employees, negligently hiring individuals without adequately investigating their records and background, failing to properly train employees, and failing to protect the plaintiff from the acts of the shop’s employees.

Rosario, the co-defendant, asserts that she suffered emotional distress as a result of having to witness the attack on Harvey, the lawsuit states.

The complaint does not spell out the relationship between the two plaintiffs.

The plaintiffs seek damages in excess of $50,000, plus interest, costs and attorneys fees.

 

The case ID number is 121201203.