Chiropractor's "improper touch" results in lawsuit

David Yates Jun. 11, 2007, 12:00pm

Arnold & Itkin

She may have been working for a chiropractor, but Ladonna Burge told her co-workers it was strictly "hands off" when it came to her own injured neck.

A receptionist at Community Chiropractic Center, Burge says the employees and owner Scott D. Kerr made "unwanted, intrusive contact to her neck against her will."

The "improper touch" lead to Burge filing a personal injury suit against Community Chiropractic and Kerr on June 7 in Jefferson County District Court.

"Defendants hired Burge to work as a receptionist at the Beaumont chiropractic office," the suit said. "Prior to her hiring, defendants knew that Burge had recently undergone serious neck surgery. Nevertheless, shortly after plaintiff began working for defendants, defendants made unwanted, intrusive contact to plaintiff's neck against her will."

The suit says the company is not a subscriber to the Texas Workers' Compensation System, and that Burge sustained severe pain, suffering, and mental anguish as a result of the defendants' negligence when they improperly touched her; failed to maintain safe working environment; didn't follow their employee's wishes regarding her neck; and failed to properly train their employees;

The "plaintiff prays for relief and judgment as follows for compensatory, actual and consequential damages;

Burge is also suing for medical expenses, loss of earning capacity, courts costs, physical pain and mental anguish.

She is demanding a trial by jury and is represented by Jason Itkin of the Arnold & Itkin law firm.

Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.

Case No. B179-452

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