MOUNDSVILLE — The defendants in a lawsuit are seeking to have the complaint dismissed and deny all claims involved.
The defendants – Cameron Nursing & Rehabilitation Center and Connie Fox – denied the allegations against them in Gloria Lewis' complaint. They claim the injuries the plaintiff alleged were due to her own misconduct. The defendants also filed a motion for partial dismissal of the case pertaining to disability discrimination.
"Plaintiff's disability discrimination claim, and claims related thereto, fail as she is not a 'qualified individual with a disability,'" the motion states. "Consequently, Counts II through IV of the Plaintiff's complaint must be dismissed."
The defendants alleged that the complaint is deficient in terms of the claims she alleged.
"Although liability is disputed, Plaintiff alleges a workers' compensation discrimination claim," the motion states. "All of her claims pled under the West Virginia Human Rights Act are not predicated upon an alleged 'disability,' as is required, but are predicated upon alleged workers' compensation discrimination."
Lewis filed the lawsuit alleging the nursing home and Fox, her direct supervisor, violated the West Virginia Human Rights Act, according to a complaint filed in Marshall Circuit Court.
Lewis claims she began her employment as a dietary assistant in August 2020 and was employed by the defendants until her termination on April 21, 2021.
The plaintiff was working on April 5 and April 8, 2021, Lewis injured her ankle and two other individuals had previously been injured in the same area. Lewis claims she attempted to notify Fox of the injury and was told she didn't "have time" to listen to the workplace injury report.
Lewis claims she had to seek medical attention for the injuries on April 10, 2021, and then completed the workers' compensation paperwork and completed it, however, she put the wrong date on the paperwork.
On April 21, 2021, Lewis was called into work for a "dietary team meeting" but was then terminated for putting the wrong date on the workers' compensatory paperwork.
Lewis claims the defendants discriminated against her and violated the WVHRA.
Lewis is seeking compensatory and punitive damages. She is represented by Shawn R. Romano and Miles B. Berger of Romano & Associates.
The defendants are represented by Jan L. Fox of Steptoe & Johnson of Charleston.
The case is assigned to Circuit Judge Jeffrey Cramer.
Marshall Circuit Court case number: 21-C-62