LOS ANGELES (Legal Newsline) – Lowe’s wants a federal judge to decide a lawsuit that claims an altercation over face masks resulted in one man spitting in the face of the other.
The company recently removed a Sept. 1 lawsuit to Los Angeles federal court. Plaintiff John Birke says on June 28 he spotted a fellow shopper not wearing a face mask, in violation of Gov. Gavin Newsom’s COVID-19 directives.
“Birke asked two Lowe’s employees to tell the man to comply with the law,” the suit says. “Both Lowe’s employees rejected Birke’s request.”
Birke tried to call the cops but was not able to reach them. The mask-less shopper, in retaliation, spit in his face four times, the suit says.
“This attacked occurred about 15 feet from a Lowe’s employee, who told the attacker, ‘You just spit in his face,’ yet did absolutely nothing,” the suit says.
“In fact, no Lowe’s employee so much as asked Birke if he was alright, in spite of the fact that an invitee of Defendants might have deliberately infected Birke with a disease that as of this date has caused more than 180,000 deaths in the United States.”
The lawsuit charges Lowe’s with fraud, public nuisance and negligence. Birke’s lawyer is Michael Sohigian, who seeks at least $20 million.