BECKLEY – A Heaters resident alleges her Flatwoods employer terminated her because she filed a workers' compensation claim after she was attacked by a customer.
Kimberly Sue Craft filed a complaint in Raleigh Circuit Court against Little General Store Inc., David Utt and Vicky Lynn Terry alleging that they violated the West Virginia Human Rights Act.
According to the complaint, the plaintiff was hired by the Little General Stores' predecessor in 1993 and was hired by the defendant in 2010 as a general manager. The suit states that on May 28, 2015, she was attacked by a customer and was injured. She alleges she was taken off of work at the orders of her doctors and filed a workers' compensation claim. The suit states she was terminated May 2, 2016.
The plaintiff holds Little General Store Inc., Utt and Terry responsible because the defendants allegedly discriminated against her over her disabilities and needs for scheduling adjustments, retaliated against her and discharged her for her workers' compensation claim.
The plaintiff requests a trial by jury and seeks an order of reinstatement to her previous employment, award for actual and punitive damages, prejudgment interest and such other relief to which she is entitled. She is represented by Drew M. Capuder of Capuder Fantasia PLLC in Fairmont. The case has been assigned to Circuit Judge Andrew Dimlich.
Raleigh Circuit Court Case number 17-C-621