A Portland man whose skull was fractured by a stranger outside a 7-Eleven is suing the convenience store for $1.8 million, according to a lawsuit filed in Multnomah County Circuit Court.

William Nickelby claims the store at 7115 S.E. Powell Blvd. and its employees failed to keep the assailant off the property despite knowing he presented a potential danger to customers.

The suit, filed Tuesday, also alleges the assailant, Kory Thomle, struck Nickelby in the head with a baseball bat, a claim that conflicts with what Thomle told police during the subsequent investigation.

Nickelby was walking up to the 7-Eleven on Aug. 12, 2018, when Thomle, who was living out of his car, asked Nickelby to buy him beer, according to police and court records.

Nickelby called the proposition “sketchy” and entered the store to buy snacks and groceries, court documents show.

The remark apparently enraged Thomle, who told police he confronted the customer with an aluminum baseball bat as he was leaving, records show.

But Thomle said he cast the bat aside before punching Nickelby in the head with his fist, according to a probable cause affidavit.

Investigators said they believed Nickelby fell backward and hit his head on the asphalt, leaving him unconscious and bleeding, court records show.

After the punch, Thomle left a note on Nickelby’s car.

“Next time sir, you need to think twice about who you call sketchy,” the note read, according to the probable cause affidavit. “Be happy you are alive. THINK before running your mouth.”

The incident left Nickelby with a skull fracture and bleeding near his brain, according to police and court records.

Nickelby also suffered permanent hearing loss in one ear, vertigo and loss of smell, his lawyer Christine Mascal alleges in the lawsuit.

Thomle was convicted last February and sentenced to nearly six years in prison.

Before the attack, Thomle had been living in a car next to the 7-Eleven for months and prompted employees to contact law enforcement several times because of his dangerous behavior, Nickelby’s lawsuit alleges.

According to the lawsuit, Nickelby’s surgeries and medical expenses have totaled $100,000, an amount that is expected to double as he continues to receive treatment.

He is also seeking $1.6 million in noneconomic damages, records show.

A representative for 7-Eleven did not immediately respond to a request for comment.

-- Shane Dixon Kavanaugh; 503-294-7632

Email at skavanaugh@oregonian.com

Follow on Twitter @shanedkavanaugh

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