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No Smoking on Her Shift

NASHVILLE (CN) - A restaurant customer who says the manager gave him permission to smoke so long as the place was not busy claims that when he lit up, a waitress pushed him out the door, tripped him and knocked him down and then kicked him in the butt.

Jack Reece claims the manager of Mrs. Winner's had given him special permission to smoke as long as the place was not busy, but an employee, Joana Patton, objected when he lit up a smoke in August 2005. He says she ignored his claim that a manager had told him he could smoke, but grabbed his arm and pushed him out the door.

Reece claims that the manager in apologized and told him he could keep smoking, but when he lit up after lunch a few days later, Patton approached him again. Reece says he was getting up to leave when Patton crushed his drink cup, scratched his arms and pushed him out the door. He says she kicked his feet, tripping him, and when he tried to get up and walk away, she kicked him in the butt. He is represented by Joe Bednarz Jr. in Davidson County Court.

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