WEST VIRGINIA RECORD

CHARLESTON - A lawsuit against Lowe's Home Centers Inc. involving a former manager was settled and dismissed last year.

Michael Keith was also named as a defendant in the suit.

On May 1, 2012, Glenn Mark Payne and the defendants announced to the court that all matters in controversy between and among the parties have been fully resolved, settled and compromised, according to the Agreed Dismissal Order.

Mediation was held on April 2, 2012, by A. Andrew MacQueen, according to documents filed on April 23 in Kanawha Circuit Court.

Payne claimed he was employed by various Lowe's stores from May 5, 2005, until May 2010, according to a complaint filed May 10, 2011, in Kanawha Circuit Court.

On May 11, 2010, Payne was closing the Beckley store and by approximately 9:15 p.m. had locked the store except for the exit door to allow customers remaining after closing to leave the building, according to the suit.

Payne claimed the head cashier approached him and advised him the alarm had sounded, indicating someone had left the store with unpaid merchandise, and he and the head cashier followed Lowe's policy and did not attempt to run after the suspected thief.

The plaintiff and the head cashier reviewed the store security tapes and observed a customer leaving the store with a cart full of merchandise and Payne began preparing notes for a report of the incident, according to Lowe's policy, while the head cashier left and returned approximately 10 minutes later to report employees in a yellow truck in the parking lot had witnessed the incident, according to the suit.

Payne claimed the other employees reported the employees in the yellow truck witnessed the suspected thief actually attempted to get into a silver vehicle in the parking lot of the Sam's Wholesale Club next door.

To complete his report, Payne went to the silver vehicle with two associates and took a photograph of the license plate, then returned to Lowe's and finished closing procedures, according to the suit.

Payne claimed one week after he reported the incident to Keith, his employment was terminated.

Payne was seeking compensatory and punitive damages. He was being represented by Rudolph L. DiTrapano and Elizabeth G. Kavitz of DiTrapano, Barrett & DiPiero PLLC.

The defendants were represented by John H. Tinney, John K. Cecil and James K. Tinney of the Tinney Law Firm PLLC.

The case was assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-761