WEST UNION – A Salem man is suing over his dismissal from work allegedly prompted by his submission of a workers' compensation claim; he is also suing the person allegedly responsible for his injuries.
Robert Ash filed the suit April 26 in Doddridge Circuit Court against Monster Heavy Haulers LLC, TK Stanley Inc. and John Doe.
Until April 26, 2014, Ash was employed by TK Stanley as an equipment operator, the suit says. The suit alleges he was on the job that day when a truck driver employed by Monster Heavy Haulers and known only as John Doe hit him, grabbed him and pulled on his neck to attempt to remove Ash from the equipment.
As a result of John Doe's actions, Ash suffered injuries and subsequently filed a workers' compensation claim regarding the incident. Following the incident and Ash's filing of the claim, TK Stanley refused to return him to work, according to the complaint.
The first count, of negligence or recklessness against John Doe, results from the injuries to Ash, including medical expenses, lost wages, loss of earning capacity, pain and suffering, loss of enjoyment of life, and other damages.
The second count is for retaliatory discharge against TK Stanley, resulting in Ash's lost wages, lost benefits and emotional distress. In addition, according to the complaint, TK Stanley was malicious, intentional and criminally indifferent to its civil obligations to Ash, which justifies an award of punitive damages.
Ash further seeks a trial by jury. He is represented by Daniel C. Cooper and Jamison H. Cooper of Cooper Law Offices PLLC in Bridgeport.
Doddridge Circuit Court Case number 16-C-29
