Received Favorable Ruling for Client During Age Discrimination Trial

We represented our clients, a coal company and two of its management employees, in a case involving age and disability discrimination, hostile work environment and two other counts before a southern West Virginia jury in Logan County.  Before the case went to trial, we successfully obtained dismissal for the individual defendants and, through summary judgment, whittled the multi-count complaint down to three causes of action: age and disability discrimination and a hostile work environment.  At the closing of the plaintiff’s case in chief, we successfully argued for judgment as a matter of law on the disability and hostile work environment claims.  By cross-examining the plaintiff with the admissions he made during his videotaped deposition, we then showed the company did not take into account the plaintiff’s age when it terminated him for sleeping while underground.  At the conclusion of the three day trial, we obtained a full defense verdict, with the jury finding that the company did not discriminate against the plaintiff due to his age.