James v. El Campo Tire
After having mechanical work performed on his truck, Plaintiff, a 27-year-old flooring installer, returned to the tire shop because of substandard repair work. When Defendant refused to repair the vehicle that day, Plaintiff became loud and disorderly. After the tire shop manager asked Plaintiff to step outside, a scuffle ensued, with the manager throwing Plaintiff to the ground. The manager had two other employees hold Plaintiff down, and he stomped on Plaintiff’s left ankle several times. Plaintiff sustained a posterior malleolus hairline fracture of the heel.