HUNTINGTON — A man is suing the West Virginia Department of Health and Human Resources and Mildred Mitchell Bateman Hospital alleging that he was injured by another employee.
Toriano Brown, 41, was hired on June 23, 2014, as an employee at the hospital as the director of food services, according to a complaint filed in Cabell Circuit Court.
Brown claims in late 2019 or early 2020, the facility was experiencing plumbing, drainage and sewer problems, which caused raw sewage to back up into areas of the facility, including the kitchen where Brown was working.
Brown claims he reported the issues to his superiors and on Feb. 12, 2020, he was given the job duty of cleaning a walk-in cooler that had fallen into unsafe and unsanitary conditions despite the fact that it was outside his area of expertise and hiring.
The plaintiff was given several cleaning agents and chemicals and Dallas Hammond was assigned to assist him, according to the suit.
Brown claims Hammond had a history of racially insensitive and inappropriate comments to other employees and had been reprimanded for these comments.
"While cleaning the cooler, plaintiff Brown was closed up and locked inside the cooler by ... Hammond, who had also removed his fan, which had been providing ventilation and closed the door while his back was turned, the complaint states.
Hammond made several racial statements to Brown before locking him in the cooler, according to the suit.
Brown claims he did not realize he was confined until he began to experience breathing problems and was choking.
When he was eventually freed from the cooler, he reported the incident and was examined at the facility. He was then sent to an urgent care facility and diagnosed with reactive airway dysfunction syndrome, according to the suit.
Brown claims he was later terminated from his employment on Dec. 30, 2020. He claims the defendants discriminated against him and caused him injuries.
Brown is seeking compensatory damages. He is represented by Michael S. Bailey of Bailey Legal Services in Barboursville.
The case is assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number: 21-C-386
