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WEST VIRGINIA RECORD

Tuesday, April 23, 2024

Couple sues Jay-Bee Oil & Gas for assault, battery

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WHEELING – A man and his wife are suing Jay-Bee Oil & Gas after they claim two supervisors created a hostile work environment and their actions constituted assault and battery.

Aaron Edwards and Roy Lemasters were also named as defendants in the suit.

Jason Gorrell was employed by Jay-Bee and was acting in the court and scope of his employment and, prior to April 18, 2014, the defendants had created a hostile work environment that constantly threatened employees with their job, screamed and physically threatened employees, according to a complaint filed March 27, 2015, in Tyler Circuit Court and removed to federal court on Jan. 5. Amended complaints after been filed twice in the case.

Gorrell and his wife, Kayla Gorrell, claim on April 18, 2014, Edwards began a campaign of harassment, threats and physical violence toward Jason Gorrell after Jason Gorrell inqured about his future shift change in order to coordinate medical treatment appointments with his work schedule.

On April 21, 2014, Jason Gorrell reported Edwards’ conduct to upper management personnel, including Lemasters, according to the suit.

The Gorrells claim Jay-Bee failed to take any corrective action and failed to take any remedial measures and Lemasters approached Jason Gorrell in a hostile manner and also verbally attacked, intimidated, threatened and harassed him.

On April 29, 2014, the plaintiff reported Edwards’ actions again and Jay-Bee failed to take any corrective action against Edwards, according to the suit.

The defendants’ actions constitute assault, battery intentional infliction of emotional distress and conspiracy, according to the suit.

The Gorrells claim Jason Gorrell suffered damages and injuries due to the defendants’ actions.

The Gorrell are seeking compensatory and punitive damages. They are being represented by Theodore L. Tsoras of Tsoras Law.

The defendants are represented by Robert Sweeney Jr. and Justin M. Kearns of Jenkins Fenstermaker; and Jordan K. Herrick and Charles R. Bailey of Bailey & Wyant.

The case is assigned to District Judge John Preston Bailey.

U.S. District Court for the Northern District of West Virginia case number: 5:17-cv-00002

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