The Register-Herald, Beckley, West Virginia

Local News

November 20, 2008

Age lawsuit nets man $1.8 million

By Michelle James

A Beckley man was awarded more than $1.8 million in Boone County Circuit Court Wednesday when a jury ruled Terex Superior Highwall Miners had wrongfully discharged him based on age discrimination.

Danny L. Frye, who was 62 at the time of his January dismissal from the company, claimed he was fired from his job based on his age.

Frye, who had worked as human resources manager and accountant for the company for 11 months, was replaced by a 34-year-old, according to defense co-counsel Harry Hatfield.

Hatfield said he believed the jury, which came to its decision after about a week of testimony, made the right choice.

“Danny Frye was a good guy and I think the jury heard the evidence and agreed that he was wrongfully and illegally terminated,” Hatfield said.

Although the jury decided Terex was guilty of age discrimination as well as wrongful termination, it found Frye, who was diagnosed with an illness about the time of his termination, was not let go on the basis of disability.

According to the jury verdict form, Frye will receive $59,420 in back pay, $243,860 in front pay, $25,000 for aggravation, inconvenience, humiliation embarrassment and loss of dignity, and $1.5 million in punitive damages.

“We are pleased with the verdict,” co-counsel Mark Atkinson said.

A phone call placed to Terex Superior Highwall Miners was not returned Thursday.

— E-mail: mjames@register-herald.com

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