Name: knock knock
E-mail: whos there
Employed as: Yard Master, for N/A
Posted: 10 July 2010
Woman awarded over $2 million in lawsuit vs. CSX
by By FRED PACE, EDITOR
9 days ago | 773 views | 0 | 8 | |
MADISON — A Boone County native has been awarded over $2 million in a
lawsuit against railroad transportation giant CSX Transportation.
Angela Smith, a female trainmaster and yardmaster, filed a lawsuit
against the company in 2007, according to one of her lawyer’s Harry M.
Hatfield of Hatfield & Hatfield in Madison.
“She was terminated in retaliation for having filed a lawsuit against
the company and as a result of her complaints of sexual harassment,”
Hatfield told The Coal Valley News on Monday.
The civil action in Boone County Circuit Court lasted about four
weeks.
The seven-member jury found that Smith was subjected to a hostile work
environment, which is in violation of the West Virginia Human Rights
Act.
The lawsuit claimed that Smith was allegedly a victim of sexual
harassment at the Danville rail yards.
Smith, who grew up in the Ashford area, also alleged misconduct by a
supervisor identified in the lawsuit as Earnest Wesley Knick.
The verdict said the company negligently retained Knick as an employee
and that such negligence proximately caused the damages alleged by
Smith.
The verdict also said that CSX did not adequately investigate or
respond to the misconduct alleged by Smith and retaliated against her
by firing her.
Smith was awarded back pay of $277,600 and front pay of $1 million. She
also received $280,000 for “aggravation, inconvenience, indignity,
embarrassment, humiliation, and emotional distress.”
The jury also awarded Smith punitive damages in the amount of $500,000
for a total of $2,057,600, Hatfield said.
“I think the many days of testimony and evidence showed the true facts
of this case and the jury sided with Ms. Smith,” Hatfield said.
He said Smith has appealed her termination from CSX to a railroad
arbitrator and that case is ongoing.
Boone County Circuit Judge William Thompson said Smith can’t received
double damages and any amount she may get from arbitration would be
deducted from her civil action verdict.
Hatfield said he expects CSX to appeal the decision.
“It’s too soon to appeal right now, but I would be shocked if they
didn’t appeal when the time comes,” he said. “However, we plan on
protecting this verdict.”
Read more: Coal Valley News - Woman awarded over 2 million in lawsuit
vs CSX
View This Article |
|