PETERSBURG — The city of Petersburg wants a lawsuit against it filed by a former employee of the city to be dismissed.
The city argues that the complaint fails to state a claim upon which relief can be granted and any damages against the plaintiff, if there were any damages, were not caused by the defendant's conduct and instead were caused by the plaintiff or other persons, firms or corporations other than the city.
"Additionally, Plaintiff may have committed acts or omissions that would constitute comparative fault, contributory negligence, assumption of risk and other similar doctrines," the answer filed in Grant Circuit Court stated.
The city argues that it met all of its required standards of care and/or applicable duties and responsibilities and did not violate any duty or applicable or federal laws, rules, regulations or statutes.
"All actions, if any, taken by Defendant were undertaken in good faith and in an objectively reasonable manner and were not malicious or did not violate any clearly articulated duty, standards, laws, regulations or rules," the answer states. "Defendant further denies that it conspired with and/or acted deliberately in order to pursue a common plan or design to commit tortious acts or omission with any other individuals and/or entities."
Sheila L. VanMeter filed the lawsuit against the city alleging she was a city clerk beginning in 1987 and was injured at work on Oct. 15, 2020, according to a complaint filed in Grant Circuit Court.
VanMeter claims she reported the workplace injury and sought treatment on Nov. 5, 2020, after she was still experiencing pain. On Nov. 23, 2020, the city sent her an e-mail requesting her revised job description for the next city work session and requested she have the staff procedures ready for review.
VanMeter claims she was not at work for several days because of the injury and missed one of the deadlines, but the other item was finished in a timely manner. She claims on Dec. 28, 2020, she received a letter from Mayor Gary Michael stating that her employment was terminated.
VanMeter believes she was terminated in retaliation for her workplace injury and filing for workers' compensation benefits for the injury.
VanMeter is seeking compensatory damages. She is represented by Ambria M. Britton of Klie Law Offices in Buckhannon.
The city is represented by Ashley N. Rodgers of Marks, O'Neill, O'Brien, Doherty & Kelly in Pittsburgh, Pa.
Grant Circuit Court case number: 21-C-30