Matoesian to hear retaliatory discharge case Monday

Amelia Flood Oct. 22, 2009, 7:16am


A non-jury trial is set in the case of a truck driver's alleged wrongful firing Monday. The plaintiff claims he was fired after seeking workers' compensation for an injury in violation of Illinois law.

Madison County Circuit Judge Andy Matoesian is presiding. The trial is set to begin at 9 a.m.

Plaintiff Manson Graves alleges that while working for Dynamic Transit Company in 2007, he was injured and sought medical treatment and workers' compensation. Five days after the injury on March 14, he was fired.

He claims he was fired due to seeking workers' compensation for the injury. And in a subsequent amended complaint he alleges the firing was in part due to his unwillingness to drive around weigh stations because the truck loads he was driving were acknowledged by Dynamic to be over the legal weight.

Dynamic denies the charges in its answer.

Graves seeks damages for his alleged suffering of emotional distress, embarrassement and past and future lost wages and benefits. The suit seeks damages of at least $50,000 to $75,000 as well as $75,000 in punitive damages. Graves also seeks costs and attorneys' fees.

Graves is represented by Brian McChesney of St. Louis. Dynamic is represented by David Antognoli of Edwardsville.

The case is Madison case number 07-L-407.

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