Former Kirby employee alleges leg injury led to termination

By Philip Gonzales | Jul 13, 2018

HUNTINGTON – A Cabell County man alleges that he was terminated from his job with a barge operator because of a perceived disability.

Everett S. Laverty filed a complaint in U.S. District Court for the Southern District of West Virginia Huntington Division against Kirby Corp. and Kirby Inland Marine LP citing the Americans with Disabilities Act.

According to the complaint, the plaintiff fell while deer hunting in December 2016, fractured his leg and was placed on an approved medical leave to recover. He alleges that on May 2, 2017, he was approved to return to work by his doctors but the defendants failed to reinstate his employment.

The plaintiff holds Kirby Corp. and Kirby Inland Marine LP responsible because the defendants allegedly refused to provide reasonable accommodation and to engage in interactive process and terminated him based upon his disability.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, pre- and post-judgment interest, attorney's fees and costs and such other just and equitable relief. He is represented by Jeffrey A. Foster and Rodney A. Smith of Bailess Smith PLLC in Charleston.

U.S. District Court for the Southern District of West Virginia Huntington Division case number 3:18-cv-00961

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Bailess Smith PLLC U.S. District Court for the Southern District of West Virginia Huntington Division

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