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Man sues Tri-State Coating & Machine Co. for wrongful termination

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HUNTINGTON — A former employee is suing Tri-State Coating & Machine Co. after he claims it wrongfully terminated his employment without reason.

Does 1-20 were also named as defendants in the suit.

In July 2010, Tony L. Bowen began experiencing a racing heart beat and shortness of breath and on Aug. 4, 2010, he became concerned with his condition and requested time off work to go to the hospital, according to a complaint filed July 19 in Cabell Circuit Court.

Bowen claims he went to Nowcare at Huntington Internal Medical Group, and a physician noted that his heart rate was abnormal and that tachycardia was present.

The physician administered oxygen to Bowen and had him medically transported to St. Mary’s Medical Center, according to the suit.

Bowen claims rather than granting time off of work to have his tachycardia checked, the defendant terminated his employment without reason, by letter dated Aug. 4, 2010.

The defendant’s actions were atrocious, intolerable and so extreme and outrageous as to exceed all bounds of professional decency, according to the suit.

Bowen claims the defendant’s actions also were intended to inflict emotional distress upon him or were reckless when it was certain or substantially certain that emotional distress would result from the conduct.

The defendant’s conduct did cause Bowen to suffer severe emotional distress, which occurred at a particularly poor time for him because he was suffering from an un-medicated heart condition at the time of his discharge, according to the suit.

Bowen is seeking compensatory and punitive damages with pre-judgment interest. He is being represented by J. Patrick L. Stephens.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-463


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