CHARLESTON — A Kanawha County man says Tolliver Transport wrongfully terminated his employment.
James Blackburn was employed by Tolliver and drove a commercial truck, according to a complaint filed in Kanawha Circuit Court.
Blackburn claims he complained on at least three occasions that the truck was overweight and that someone was going to get hurt.
On Nov. 13, 2021, the plaintiff, again, told the defendant that the truck was running too heavy, and when he was transporting the load, the truck bed "popped," which lead to coal spilling and the plaintiff being injured, according to the suit.
Blackburn claims he was fired that same day and was told he was fired for complaints about the safe operation of the truck.
"The plaintiff's dismissal was motivated by conduct related to the public policy; Plaintiff has been harmed by defendant's actions in violation of the West Virginia public policy," the complaint states. "Plaintiff was retaliated against by defendants and retaliated against due to its actions..."
Blackburn claims he suffered lost wages and benefits due to his termination of employment.
Blackburn is seeking compensatory damages. He is represented by D. Adrian Hoosier II of Hoosier Law Firm in Charleston.
The case is assigned to Tera Salango.
Kanawha Circuit Court case number: 23-C-864