A Lowe’s shopper in California said another customer repeatedly spat in his face when he told the man to wear a mask, according to a lawsuit filed against the company that claims Lowe’s workers refused to intervene.

John Birke went to a Lowe’s Home Improvement store in the Los Angeles neighborhood of West Hills June 28 to buy an elevated toilet seat for his wife, according to his lawsuit filed July 16 in Los Angeles County Superior Court.

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