PHILADELPHIA (CN) - A Wal-Mart worker who falsely accused a customer of shoplifting told her to return to the store hours later to complete "paperwork," then sexually assaulted her in her car, the woman claims in court.
Jacquelyn Dunbar sued Wal-Mart Stores and Jose Vargas, a loss-prevention worker, in Philadelphia County Court of Common Pleas.
Dunbar claims Vargas stopped her in the parking lot of the Rio Grande, N.J. Wal-Mart after she bought several items.
Vargas, in street clothes, told her he was a security worker, accused her of shoplifting and told her to go back into the store for investigation, Dunbar says in the lawsuit.
After questioning her, Vargas "stated to plaintiff words to the effect that he believed that she did not steal anything, that he would support her position with Wal-Mart and that she should not worry about the situation as he would take care of it," the complaint states.
"Defendant, Jose Vargas, then instructed plaintiff, Jacquelyn Dunbar, to do the following:
"(a) Leave the Wal-Mart store;
"(b) Afford him two (2) hours to prepare the necessary paperwork; and
"(c) Return to the store in two (2) hours alone, so that they could review the paperwork disposing of the matter in her favor."
Dunbar claims Vargas threatened her with arrest if she failed to comply, and took her driver's license, to coerce her into returning to the store.
When she returned, Dunbar says, Vargas got into her car and told her they needed to complete the paperwork away from the store. She says she drove away, and he assaulted her.
The complaint states: "Jose Vargas did, with coercion and force and without the consent of the plaintiff:
"(a) Push and restrain plaintiff, Jacquelyn Dunbar, against her car seat and proceed to touch her body and kiss her face;
"(b) Touch and fondle plaintiff's breast;
"(c) Touch and penetrate plaintiff's vagina with his fingers;
"(d) Expose his penis to the plaintiff, and;
"(e) Forcefully attempt to compel the plaintiff to perform oral sex upon him."
Dunbar seeks punitive damages for assault and battery, false imprisonment and negligent supervision and retention.
She is represented by Todd Newman, with Brownstein, Pearlman, Wiezer, Newman and Cook.Follow @@kkoeninger44
Read the Top 8
Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.