Customer accuses retail store, employee of assault

By Jenie Mallari-Torres | Dec 20, 2017

CLEARWATER — A Pinellas County man is suing the operator of a 7-Eleven store and an employee, alleging assault, battery, negligence and vicarious liability.

CLEARWATER — A Pinellas County man is suing the operator of a 7-Eleven store and an employee, alleging assault, battery, negligence and vicarious liability.

David Schendler filed a complaint Nov. 28 in Pinellas Circuit Court against David L. Underwood and Jagaji Inc.,alleging they caused life-threatening injuries, pain and suffering.

According to the complaint, on June 20, 2016, Schneider was at a 7-Eleven store in Clearwater. As a result of Jagaji's negligence in employing Underwood, the suit says, Schneider suffered bodily injury resulting in pain and suffering, disability, mental anguish, incurred medical expenses and loss of earnings. The lawsuit states Underwood assaulted and committed battery on Schneider by putting the plaintiff in a headlock during the course and scope of his employment. 

The plaintiff alleges Underwood and Jagaji failed to properly train, supervise, and instruct their employee, and failed its duty to exercise reasonable care for the safety of its customers.

Schneider seeks trial by jury, damages in excess of $15,000 exclusive of court costs and interest. He is represented by attorney Martin Macyszyn of Lucas / Magazine PLLC in New Port Richey.

Pinellas Circuit Court case number 17-CA-7015

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