MARGATE, Fla. (CN) - A South Florida woman claims in court that she had a miscarriage after a Dunkin' Donuts employee kicked her in the stomach in a fight over her drive-through order.
As recounted in the Broward County Circuit Court complaint filed Sept. 25, the fight started when plaintiff Aschea Austin, roughly four months pregnant, confronted the employee, Xiomara Henry, at a Margate-area Dunkin' Donuts after becoming "displeased with the product and service" from the drive-through window.
Austin claims surveillance videos show Henry throwing filled drink cups at her as the melee escalated. The two women fought at the drive-through, inside the store and in the parking lot before police arrived, the complaint says.
Austin says Henry hit her in the face and belly even after she told the Dunkin Donuts worker she was pregnant.
Neither of the women was arrested when City of Margate police showed up at the scene. Both claimed to have been the victim in the incident.
Austin says she went to Coral Springs Hospital roughly a month later, in January 2016, with complaints of nausea and abdominal pain.
She told a nurse she had been involved "in an altercation with an employee at the Dunkin' Donuts" and that the employee had "punched her in the face and kicked her in the belly at least five times wearing shoes," according to the complaint.
Austin says she suffered the miscarriage while in the care of the hospital.
She seeks $5 million in damages on claims of assault-and-battery against Henry, and negligent hiring against Dunkin' Donuts Franchising and South State Road Donuts.
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