Video of the January incident shows Olivier Martinez shoving an empty car seat toward Ronaldo Owens as he falls to the ground
Credit: Kevin Winter/Getty

A Los Angeles International Airport employee is suing Halle Berry and Olivier Martinez for $5 million more than nine months after he alleges Martinez shoved an empty car seat toward him and knocked him to the ground.

According to a copy of the lawsuit obtained by PEOPLE, Ronaldo Owens said the incident occurred Jan. 4 after Berry and Martinez, both 49, their son Maceo and Berry’s daughter Nahla were escorted out of a corridor used for high-profile passengers.

“At the time of the incident Ronaldo was employed at LAX and was lawfully in the area,” the lawsuit alleges. “Thereafter, and without any provocation or justification Martinez abruptly turned towards Ronaldo, and brutally and intentionally charged at Ronaldo using an empty child’s car seat he held in his hands as a weapon, striking Ronaldo to the ground with the seat, and causing Ronaldo humiliation and injury.”

Owens’ lawsuit further claims that Berry “aided and abetted in Plaintiffs assault and battery, allowed and/or assisted Martinez to assault Plaintiff, gave Martinez carte blanche ability to attack Plaintiff, and did nothing to stop the attack.”

The lawsuit also states that the couple have a history of similar incidents: “They act in this manner as husband and wife, each approving, ratifying and condoning the conduct of one another in this way and are liable for the conduct of one another as a joint enterprise.”

Owens said he is seeking no less than $5 million for medical and related expenses, past and future lost earnings, and punitive damages.

A video of the incident posted on TMZ – which first reported news of the lawsuit – shows Martinez pushing the car seat toward Owens, who then falls down. Berry can be seen glancing over toward Owens as she walks past an area filled with photographers snapping photos of the family.

TMZ reported in April that Martinez would not face criminal charges stemming from the incident.