Former employee sues Keaton's Collision Center, owner after attacked at work

By Kyla Asbury | Dec 31, 2009

HUNTINGTON -- A former employee is suing Keaton's Collision Center and its owner after being attacked by a co-worker.

Barry G. Plumley had been employed at the collision center as a collision estimator from January 2005 until Sept. 3, 2008, according to a complaint filed Dec. 3 in Cabell Circuit Court.

Rick Keaton is the owner of Keaton's Collision Center.

On Aug. 27, 2008, Plumley was attacked by James Clay, another employee at the collision center, and sustained serious injuries, according to the suit

Plumley claims during the attack, Clay's manager, Troy Handley, stood by, watched and laughed while Clay was attacking him and made no effort to stop him.

The injuries Plumley claims he sustained were a ruptured rotator cuff of his right shoulder, which required surgery and other medical treatment; injury to his head and neck; and hearing loss.

Plumley claims Handley fired him while he was off due to the injuries and while he was applying for workers' compensation benefits.

Plumley is seeking compensatory and punitive damages for his injuries, lost wages, back pay, front pay and reinstatement to his job. Roger D. Forman and Kevin Baker are representing him.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 09-C-950

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