News
12/1/2007 - Alabama Supreme Court Reverses and Renders Verdict for Defendant in Wrongful Discharge Claim
MONTGOMERY--Employee of Blue Circle Cement/Lafarge suffered minor injuries in accident while driving cement truck. Employer paid for all medical expenses and other benefits under the workers compensation law. Employee was released by physician to return to work but claimed he was suffering from post traumatic stress syndrome and was unable to return to duty as truck driver. Employer asked him to start driving again and he refused to do so claiming he was still having flashbacks of the accident. Employee was discharged for refusing to drive a truck. He sued employer claiming he was fired because he had filed a workers compensation claim as a result of the accident. At trial jury awarded plaintiff $200,000 compensatory damages and $2,000,000 punitive damages. Trial court reduced the punitive damages to $600,000 in accordance with the punitive damages statutory cap. Employer appealed to Alabama Supreme Court.
On appeal the Supreme Court set aside the judgment in entirety and ruled for the employer. The Court held that plaintiff did not meet his burden of proving that he was fired "solely" because he filed a workers compensation claim. T. Kent Garrett & Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A. represented Blue Circle Cement/Lafarge on the appeal.