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McBride & Sons removes former employee’s wrongful termination suit to federal court

By Heather Isringhausen Gvillo | Jan 12, 2016

Bassford Wilson

Several real estate defendants removed a former employee’s suit alleging she was wrongfully terminated after she allegedly fell and broke her leg. 

The defendants filed a notice of removal to the U.S. District Court for the Southern District of Illinois on Nov. 12 through attorney Susan Bassford Wilson of Constangy, Brooks, Smith & Prophete in St. Louis.

They allege removal is proper based on diversity of citizenship and the amount in controversy.

Judith Kocinski filed the lawsuit on Sept. 29 against Vantage Homes of Illinois, doing business as McBride & Son Homes of Illinois, McBride & Son Residential of Illinois and McBride & Son Services Co.

According to the lawsuit, Kocinski claims she worked for the defendants as a sales manager selling homes from September 2014 through June 12, 2015.

While acting in the scope of her employment, she alleges she fell while walking down a flight of outdoor steps on McBride’s premises in St. Clair County on Dec. 6, 2014. As a result, she claims she suffered a broken right leg.

Kocinski filed a claim with the Illinois Workers’ Compensation Commission on Jan. 27, 2015. She was later terminated in June.

She alleges the defendants had no just reason or cause for terminating her employment and failed to provide her with any reason for termination.

The plaintiff seeks compensatory and punitive damages of more than $50,000, plus costs of the suit.

Kocinski is represented by Edward Szewczyk of Callis Papa & Szewcyzk in Granite City.

St. Clair County Circuit Court case number 15-L-559

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Callis Papa & Szewczyk

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