An East St. Louis AutoZone store seeks to dismiss a lawsuit alleging its manager struck a customer following a verbal altercation.
Nathaniel McCloud claims he suffered injuries to his tailbone, left leg, lower back, shoulders and neck as a result of being hit by store manager Christopher Burrell on July 6, 2013.
He filed suit on Feb. 18 in Madison County Circuit Court.
McCloud claims that he incurred approximately $20,000 in medical expenses as well as suffered property damage to his vehicle because of Burrell’s alleged conduct.
AutoZone denied the allegations in its April 14 answer.
In response, the defendant filed a motion to dismiss the complaint on April 16 through attorney Beth Kamp Veath of Brown & James in Belleville.
The defendant claims the complaint should be dismissed because the plaintiff failed to plead facts raising a cause of action against AutoZone, because the alleged incident occurred outside the store.
“Here, the plaintiff was no longer inside the store owned and operated by AutoZone when the alleged incident giving rise to plaintiff’s alleged damages occurred,” the motion states.
“Plaintiff’s only assertion that gives rise to an inference that Mr. Burrell was acting within the scope of his employment, is the bald assertion that Mr. Burrell was acting within the scope of his employment."
Circuit Judge Barbara Crowder scheduled a motion hearing for May 29 at 9 a.m.
McCloud is seeking in excess of $50,000 in damages.
Lanny Darr of Alton represents the plaintiff.
Madison County Circuit Court case number 15-L-217