WEST VIRGINIA RECORD

CHARLESTON -- A woman has sued Medford Trucking for sexual harassment and wrongful termination of employment.

Kevin S. Medford, Dale R. Medford and William W. Croye were also named as defendants in the suit.

On June 19, 2008, Jean Mease-Martin was hired by Medford Trucking as a coal truck driver, according to a complaint filed May 27 in Kanawha Circuit Court.

Mease-Martin began dating a man named Kerry Johnson, who also worked for the defendant as a coal truck driver, and their relationship lasted from approximately September 2008 until December 2008.

After the break up, Johnson began to harass Mease-Martin at work by following her while she was driving her truck, calling her repeatedly on her CB radio, broadcasting lewd and lascivious sexually degrading things over the CB radio and generally disrupting Mease-Martin's work day, according to the suit.

Mease-Martin claims she reported Johnson's unwanted behavior to the defendants and was advised by Croye that Johnson's behavior was a "love fight" between her and Johnson and refused to take any action to address the inappropriate behavior.

Johnson's behavior continued with drive-bys to Mease-Martin's home and threatening phone calls, according to the suit.

Mease-Martin claims she again reported Johnson's behavior to the defendants, who again refused to intervene.

In April 2009, Mease-Martin filed an emergency domestic violence petition due to Johnson's continued threatening behavior, according to the suit, and was off work approximately six days during this time due to her fear of working with Johnson.

Mease-Martin claims he asked the defendants to honor the terms of the domestic violence petition, but that they refused to do so.

On June 11, 2009, Johnson broke into Mease-Martin's home, cut her phone lines, held her at gunpoint, secured her with duct tape and raped her, according to the suit. He was arrested by the Kanawha County Sheriff's Department on June 12, 2009.

Mease-Martin was absent from work for approximately one week following the incident and claims when she returned to work she was subjected to lewd and lascivious sexual comments regarding the rape.

From Nov. 1, 2009, until Nov. 4, 2009, Mease-Martin was absent from work for Johnson's criminal trial.

On Nov. 6, 2009, Mease-Martin's employment was terminated for "alleged excessive absences and anxiety attacks in the days preceding the rape trial for which she was the State's key witness," according to the suit.

Mease-Martin is seeking compensatory and punitive damages, lost wages and pre- and post-judgment interest. She is being represented by Jonathan R. Mani and Bernard E. Layne III.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 10-C-958