West Virginia Record

Tuesday, October 15, 2019

Man says employer physically attacked him

By Philip Gonzales | Dec 28, 2018

FAYETTEVILLE — An employee is suing his employer, citing alleged assault, battery and constructive discharge.

John Edward Willmeth filed a complaint in Fayette Circuit Court against Bud Fox's Body Shop & Towing LLC and Mike Fox alleging they constructively discharged him from his employment.

According to the complaint, the plaintiff alleges that on July 2, 2018, he sustained injuries to his neck and was caused to suffer severe pain and emotional distress, embarrassment, lost wages and medical expenses. The plaintiff holds Bud Fox's Body Shop & Towing LLC and Mike Fox responsible because Fox attacked him, grabbing him by his throat, throwing him against a table and making repeated forcible physical contact with him.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, with interest, costs and such other just and proper relief. He is represented by Kyle O. Lusk, Matthew A. Bradford and Brandon L. Gray of Lusk & Bradford PLLC in Beckley.

Fayette Circuit Court Case number 18-C-196

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Fayette Circuit Court Lusk & Bradford PLLC

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