Former employee settles claim against Elder-Beerman, Bon Ton

CHARLESTON - A lawsuit against Elder-Beerman Stores Corporation has been settled and dismissed from the Kanawha Circuit Court docket.

The Bon Ton Stores Inc. and Bon Ton Department Stores Inc. were also named as defendants in the suit.

On Sept. 13, the Agreed Dismissal Order was filed in Kanawha Circuit Court, announcing that all matters in controversy were settled, agreed and compromised, and Betsi Brooks and the defendants jointly moved the court to dismiss and strike the action from its docket.

Brooks was hired by Stone & Thomas as a sportswear buyer in 1991 and was hired by the defendants in 1999 to become the store manager in the Charleston Town Center store, according to a complaint filed March 16, 2011, in Kanawha Circuit Court.

Sometime in 2000, Brooks was hired to be the store manager for the defendants' store in Kanawha City, according to the complaint.

Brooks claimed on Sept. 10, 2009, she was required to undergo bunion surgery on her right foot, which included the placement of a pin in her foot. As a result of the surgery, the time needed to recuperate and the advice of her physician, Brooks was forced to miss approximately 12 weeks of work.

On Jan. 2, 2010, Brooks returned to work, wearing an orthopedic boot and was eventually able to walk without wearing the orthopedic boot, but soon noticed her gait had been altered, according to the suit.

Brooks claimed in July 2010, she consulted with a chiropractor, who did an x-ray and concluded she needed hip surgery.

Later that month, Brooks was working in the store when she fell and had to be picked up by another employee, according to the suit. Brooks filed a Workers' Compensation claim for her on-the-job accident.

Brooks claimed she informed the defendants she was having right hip replacement surgery scheduled for Aug. 20, 2010, and on Aug. 8, 2010, she was informed by the defendants that her job as store manager was not going to be held open for her return following the surgery.

In December 2010, Brooks was forced to undergo another surgery on her right foot when the pin that had been placed in it came out and by January 2011, she was released by her physician to return to work.

Brooks claimed when she was released to return to work, the defendants informed her that her job was no longer available.

Brooks was seeking compensatory and punitive damages. She was being represented by Lonnie C. Simmons of DiTrapano, Barrett & DiPiero PLLC.

The defendants were being represented by Bryan R. Cokeley of Steptoe & Johnson PLLC.

The case was assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-432