MORGANTOWN – A man is suing Morgantown Machine & Hydraulics of West Virginia Inc. after he claims his employment was wrongfully terminated.

Swanson Industries Inc. was also named as a defendant in the suit.

Timothy Newton was hired as a truck dispatcher at Morgantown Machine in April 2011 and worked in that position until his employment was terminated on March 16, 2016, according to a complaint filed March 14 in Monongalia Circuit Court.

Newton claims he was physically attacked and assaulted by another employee on March 15, 2016, and applied necessary force to protect himself.

The plaintiff applied only necessary force to defend himself and did not apply any force beyond what was necessary to protect himself, according to the suit.

Newton claims later that day, he was informed that he was being suspended and the following day, he was informed his employment was terminated.

The plaintiff suffered damages as a result of the termination of his employment, according to the suit.

Newton claims the attack by the truck driver created a dangerous situation where Newton reasonably feared serious bodily injury or even death and the truck driver was the aggressor and the sole cause of the physical contact between Newton and the truck driver.

The plaintiff did not harm the truck driver that attacked him and only acted in self defense, according to the suit.

Newton is seeking compensatory and punitive damages, as well as reinstatement to his former employment. He is represented by Drew M. Capuder of Capuder Fantasia.

Monongalia Circuit Court case number: 18-C-117




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