CHARLESTON — An offer of judgment was filed in a lawsuit against Berry Dunn LLC alleging age discrimination.
Berry Dunn filed the offer of judgment for the sole remaining claim in the case, which is breach of promise, in the amount of $5,000, plus pre-judgment interest, according to an offer of judgment filed Aug. 14 in U.S. District Court for the Southern District of West Virginia.
"This offer includes any and all damages that could be awarded to Plaintiff, including costs and attorneys’ fees, accrued to the date of this offer," the offer states. "If Plaintiff accepts this offer, this judgment shall be in full satisfaction of any and all claims asserted against Berry Dunn, or which could have been asserted against it, by Plaintiff in her Complaint."
The plaintiff has 14 days to accept or deny the offer, according to the offer.
Julia E. Blackwood filed a complaint in U.S. District Court for the Southern District of West Virginia against Berry Dunn LLC, Nicole Y. Becnel and Jane Doe, alleging they made up reasons to fire the plaintiff.
According to the complaint, on March 16, 2017, Blackwood was wrongfully terminated from her employment. The suit says the defendants used the pretextual and concocted claim that Blackwood had fallen asleep on the job on three separate occasions during the performance of her duties as a senior consultant.
The lawsuit states this action caused Blackwood, 45, to suffer financial and emotional distress and invasion of her privacy.
The plaintiff alleges the defendants invaded her privacy by having her photo taken without her consent when she briefly closed her eyes while on a personal lunch break. The suit says the defendants refused to pay Blackwood' the severance payment that they had promised to provide without condition.
Blackwood was seeking trial by jury, compensatory and punitive damages, plus monetary damages of $1 million. She is represented by attorney Michael D. Weikle of Tiffin, Ohio.
The defendant is represented by Brian J. Moore and Kelsey Haught Parsons of Dinsmore & Shohl.
U.S. District Court for the Southern District of West Virginia Case number: 2:18-cv-01216