FAYETTEVILLE – A Fayette County couple claims an employee of the City of Smithers sexually harassed the wife.
Leslie and Joshua Davis filed their lawsuit against Scott McComas and the City of Smithers in Fayette Circuit Court.
According to the complaint, McComas was a driver for the city. On May 14, 2019, he stopped at the Dollar General store where Leslie Davis works. McComas was working a shift for the city when he stopped at the store.
Leslie Davis says McComas made unwanted and inappropriate physical advances toward her, touched her inappropriately and made comments of a sexual nature toward her.
They say the city knew or should have known of McComas’ wrongful conduct and, as his employer, is responsible for his actions while working for the city. They accuse the defendants of sexual harassment and sexual abuse, intentional infliction of emotional distress, negligent supervision and retention and loss of consortium.
They seek compensatory damages for indignity, embarrassment, aggravation, annoyance, inconvenience, undue stress, humiliation, mental anguish, anxiety, fear and emotional distress. They also seek compensatory damages for lost wages and benefits, punitive damages, equitable relief, court costs, attorney fees, pre- and post-judgment interest and other relief.
They are being represented by Shawn R. Romano and Miles B. Berger of Romano & Associates in Charleston. The case has been assigned to Circuit Judge Paul M. Blake Jr.
Fayette Circuit Court case number 20-C-43