SAN JOSE, Calif. - A shopper claims that a security guard at Westfield Valley Fair Mall in San Jose pulled a gun on him for running over a traffic cone in the parking lot.
The incident was caught on cell phone video.
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27-year-old Nicholas Buchanan of San Jose, alleges security guard Francis Fielding pointed a gun at his face. He says Fielding's supervisor Robert Genereux then threatened to take out his car window.
A lawsuit filed on September 2, 2016 in Santa Clara County Superior Court seeks punitive and personal injury damages for assault, false imprisonment, negligence and emotional distress.
Fielding, Genereaux, Security Risk Management and Westfield Corporation are all named in the lawsuit.
Westfield Corporation declined to comment because of the pending litigation.
Buchanan's lawyer Richard Alexander claims that Fielding did not have a permit to carry a firearm and did not hold a security license.
He says that his client accidentally backed into an orange safety cone while attempting to get around a car that was backing up toward him while he was trying to exit the mall.
That's when he says Fielding pulled out his gun and aimed it at Buchanan.