Madison moves for summary judgment in retaliatory discharge suit

Amelia Flood Dec. 14, 2010, 11:37pm


The City of Madison is moving for summary judgment in a wrongful discharge suit brought by a former employee who claims lifting a large animal carcass led to the workers compensation claim that got him fired.

The motion will be heard Friday at 9 a.m. as part of Madison County Chief Judge Ann Callis' motion docket.

Plaintiff Donald Wilson is suing the city and Mayor John Hamm III for damages in excess of $50,000.

Wilson claims that while lifting a heavy animal carcass in 2005, he injured his back.

After the injury, the plaintiff claims he filed for workers' compensation and, after reaching the maximum medical improvement, he was released to work with some restrictions.

The suit claims that Wilson had been employed with the city of Madison for more than 20 years when he was fired Dec. 12, 2007.

He claims that the firing came as a result of his workers' compensation claim.

In the Oct. 18 motion for summary judgment, Madison states it fired Wilson because he could not do his job due to his light work restrictions.

It points to Wilson's deposition in which the plaintiff admits that his job with the city required heavy lifting.

The city argues that Wilson has admitted he has no documents to show he was fired as retaliation for the workers' compensation claim.

The city asks for summary judgment in its favor.

Morgan Scroggins represents Wilson.

James Craney represents the city and Hamm III.

The case is Madison case number 08-L-782.

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