CHARLESTON – A truck driver alleges he was terminated after he suffered carbon monoxide poisoning because of a faulty exhaust on the truck he was operating.

Brandon M. Abboud filed a complaint Oct. 30 in Kanawha Circuit Court against Capital City Auto Auction Inc. and Tom Cass alleging that the former employers violated the West Virginia Human Rights Act.

According to the complaint, the plaintiff alleges that on Aug. 26, he fell ill while driving defendants' truck and it was later determined that he was suffering from symptoms of carbon monoxide poisoning from the truck's faulty exhaust, not cardiac issues as the plaintiff initially suspected. Despite having no cardiac conditions and being cleared to return to work, the suit states he was terminated from his employment on Sept. 22, 2017. 

The plaintiff holds Capital City Auto Auction Inc. and Tom Cass responsible because the defendants allegedly terminated his employment due to a perceived disability.

The plaintiff requests a trial by jury and seeks lost wages and benefits, plus interest, attorneys' fees, costs and all further relief as the court may deem just and proper. He is represented by Jeffrey A. Foster, Todd Bailess and Rodney A. Smith of Bailess Smith PLLC in Charleston. The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number 17-C-1489




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