Assault with a s**** full of ice cream in my face

together with subordinate I was having breakfast at your Spur on 2015/02/13. from the 20 ladies, 3 of us had recent birthdays, which the info was given to the waitering staff. The waiters came singing heading towards our tables. My ice cream was placed in front of me, the waitress Mckyle picked up the s****, scooped ice cream, I was directly looking at her asking her what she was doing, she proceeded and smear the ice cream over my face. Everybody was laughing, I felt so degraded, humiliated and disgusted. In tears I stood up and spoke to the asst manager, which sent the Manager Brian to talk to me. he refused to give me the waitress name, I got it from the till slip. I Sent the SAP to restaurant to warm waitress of assault. The apology letter I demanded, received sucks, states :thanks for your positive feedback??and this is not something we do to embarrass you, more to create a vibe in the store amongst customers...wow...what vibe...assault in family restaurant?? the letter has no name of manager or spur letter head. I will now proceed with a civil suit for assault in a family restaurant by your staff and go back to SAP to open a assault docket!! waitress had bad attitude afterw