Injured - The FindLaw Accident, Injury and Tort Law Blog

Woman Sues Florida Dunkin' Donuts, Claims Brawl With Employee Caused Miscarriage

Aschea Austin, according to her civil complaint, visited the drive-thru South State Road Dunkin' Donuts in Margate, Florida in December 2015, four months pregnant at the time. Unhappy with her order, Austin admittedly "became a participant in a verbal, then physical altercation with Xiomara Henry," a Dunkin' employee.

One month later, Austin went to the hospital complaining of a fever, nausea, and vomiting. She later miscarried in the hospital, and is now suing the doughnut chain, claiming it and the employee are liable for the miscarriage.

But the Coffee, Tho

According to the lawsuit, this was no mere war of words. Surveillance cameras showed Austin and Henry began arguing at the drive-thru window, but the argument escalated: Henry allegedly tossed liquid filled cups at Austin and her car through the drive -thru window. "The altercation then carried on inside the business, then continued on outside in the parking lot area." Austin claims Henry "punched her in the face and kicked her in the belly at least five times, even though she pleaded with Henry to stop and told her she was pregnant.

One month later, she checked into that hospital, and had a miscarriage later that day.

Great Pain of Mind and Body

Of course the lawsuit names Henry as a defendant, but Austin is also suing Dunkin' Donuts and an unnamed manager, who not only "failed to properly supervise" Henry, but "actively participated in the escalation of the situation." Austin is suing Dunkin' Donuts for negligence, negligent hiring and retention, negligent supervision, vicarious liability, and negligent infliction of emotional distress, and is also charging assault and battery against Henry.

Austin "has suffered and will continue to suffer great pain of mind and body," her lawsuit claims, "severe and permanent emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, humiliation, and psychological injuries." She is asking for at least $5,000,000 in damages.

Related Resources: