WEST VIRGINIA RECORD

BECKLEY -- A Raleigh County man recently was awarded $1.8 million after he claimed he was fired from a company because of his age.

Danny Frye filed suit against Terex and Superior Highwall Miners Inc. after the Raleigh County business terminated him when he was 62 and replaced him with a 34-year-old.

Boone Circuit Judge William Thompson reached the verdict a few weeks ago and awarded Frye $1.5 million in punitive damages and the remaining $300,000 in compensatory damages, said Mark Atkinson, Frye's attorney.

The suit was filed in Boone County because the company does business there, Atkinson said.

"We are pleased with the verdict," he said.

However, Terex and SHM are disappointed in the verdict, especially in the punitive damages award, said Neil Barkus of Martinsburg, the companies' attorney.

"We do not believe the evidence supports such a verdict and award and we are preparing post-trial motions intended to bring those issues to the Court's attention," Barkus said in an e-mail.

Frye also alleged he was discriminated against because of a disability, but a jury ruled in Terex's and SHM's favor on that claim.

"Superior Highwall Miners Inc. and Terex Corporation support our jury system," Barkus said. "We are gratified that the jury in Boone County found in the Company's favor on the Plaintiff's claim of disability discrimination."

A hearing will be set later to determine legal fees, Atkinson said.

Harry Hatfield of Madison assisted Atkinson in the case.