UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
TIMOTHY J. BEV,
Plaintiff,
vs. CASE NO.
VICORP RESTAURANTS, INC.,
Defendant.
___________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, TIMOTHY J. BEV, by and through his undersigned attorney, sues Defendant, VICORP RESTAURANTS, INC., and alleges the following:
1. This action is brought to obtain relief for discrimination committed by Defendant against Plaintiff on the basis of Plaintiff’s disability and handicap.
2. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs and attorney fees.
3. The unlawful practices alleged below were committed within Duval County, Florida.
4. Plaintiff resided in St. Johns County, Florida, at all times material hereto.
5. Defendant, VICORP RESTURANTS, INC., is a Colorado corporation, doing business in the State of Florida, which at the time of the acts complained of herein employed 15 or more persons and was engaged in an industry affecting commerce.
6. Plaintiff was employed by Defendant, VICORP RESTAURANTS, INC., on or about August 11, 1999 and was discharged by Defendant on or about September 12, 2000.
7. At all times, Plaintiff performed all duties assigned to him in a professionally competent manner, faithfully followed all reasonable instructions given to him by his supervisors, and abided by all the rules and regulations of Defendant.
8. Plaintiff has suffered and continues to suffer grave and severe damage to his financial welfare, and his employment prospects, by reason of Defendant’s discriminatory actions against Plaintiff.
9. Plaintiff has suffered severe mental anguish and emotional distress as a result of Defendant’s actions.
10. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
11. Plaintiff has exhausted his administrative remedies prior to bringing this action.
12. Plaintiff has complied with all conditions precedent prior to bringing this action.
COUNT I
13. Plaintiff realleges and incorporates Paragraphs 1 through 12 as if set forth in full herein.
14. Plaintiff filed a Charge of Discrimination with the U. S. Equal EmploymentOpportunity Commission (EEOC) on July 6, 2000, (EEOC), File Number 150A13220. A copy of Plaintiff’s EEOC charge is attached and incorporated herein as Exhibit “A”.
15. Plaintiff has been issued a Dismissal and Notice of Rights document, attached as Exhibit “B”, by the EEOC and less than ninety (90) days have expired since Plaintiff’s receipt of said notice.
16. On or about September 12, 2000 Defendant, VICORP RESTAURANTS, INC., discharged Plaintiff who was then employed as an Associate General Manager by Defendant.
17. In terminating Plaintiff’s employment, Defendant violated the Americans with Disabilities Act, 42 USC Section 1201, et seq., which makes it unlawful for an employer to discharge or otherwise to discriminate against a qualified individual with a disability, with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s disability.
18. Plaintiff had: (a) one or more disabilities or handicaps, i.e. a physical or mental impairment that substantially limited one or more of the major life activities of Plaintiff; (b) a record of such an impairment; or (c) was regarded as having such an impairment.
19. Plaintiff had been seriously injured by being hit by a pole on the head while shopping in a retail store which resulted in his having serious neck, back and head injuries. After reaching maximum medical improvement, Plaintiff was left with permanent disabilities/handicaps, including but not limited to, muscle weakness, pain in his neck and back, and numbness in his hands. These disabilities/handicaps substantially interfere with Plaintiff’s major life activities such as lifting, stooping, squatting, climbing ladders, painting, gardening, lifting his children and participating in recreational activities normally engaged in by persons who do not suffer such disabilities or handicaps.
20. In spite of his disability/handicap, Plaintiff was able to perform all of
the essential functions of his position with Defendant, with or without accommodation.
21. Plaintiff’s termination of employment was motivated by the intent of Defendant, VICORP RESTAURANTS, INC., to discriminate against Plaintiff on the basis of his handicap and disability.
22. The Defendant, VICORP RESTAURANTS, INC., discriminated against Plaintiff on the basis of his disability.
23. In terminating Plaintiff, Defendant engaged in a discriminatory practice with malice and reckless indifference to the statutorily protected rights of Plaintiff.
24. Proximately and directly as a result of Defendant discriminating against Plaintiff on account of his disability, Plaintiff has suffered damages consisting of severe emotional distress, loss of salary and other compensation.
25. The conduct of Defendant, VICORP RESTAURANTS, INC., complained of herein was willful, malicious, oppressive, wanton and in complete disregard of the rights of Plaintiff.
WHEREFORE, Plaintiff prays for:
A. Judgment for his back pay, including all sums of money Plaintiff would have earned, together with such other increases to which he would be entitled, had he not been discriminatorily discharged;
B. Compensatory damages, including, but not limited to, damages for emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary loss.
C. Front pay.
D. Reinstatement
E. Punitive Damages.
F. An award of reasonable attorney fees and all costs incurred herein.
G. Such other damages and relief as may be just and proper.
COUNT II
26. Plaintiff realleges and incorporates Paragraphs 1 through 12, 16, and Paragraphs 18 through 25 of this Complaint as if set forth in full herein.
27. Plaintiff filed a Charge of Discrimination on July 6, 2001 with the Florida Commission on Human Relations. More than one hundred eighty days (180 ) days have expired since the filing of said complaint and the Florida Commission on Human Relations has not entered a determination on Plaintiff’s charge. A copy is attached as Exhibit “C” and incorporated herein.
28. The conduct of Defendant, VICORP RESTAURANTS, INC., complained of herein was willful, malicious, oppressive, wanton and in complete disregard of the rights of Plaintiff.
29. This action is brought to secure to Plaintiff the benefits of the Florida Civil Rights Act, Chapter 760, Florida Statutes, which makes it unlawful to discriminate against any individual with respect to their compensation terms, conditions or privileges of employment because of such individual’s handicap.
WHEREFORE, Plaintiff prays for judgment against Defendant, as follows:
A. Judgment for his back pay, including all sums of money Plaintiff would have earned, together with such other increases to which he would be entitled, had he not been discriminatorily discharged;
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries.
C. Front pay.
D. Reinstatement
E. Punitive Damages.
F. An award of reasonable attorneys fees and all costs incurred herein;
G. Such other damages and relief as may be just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
Dated this 5th day of August, 2002.
______________________________
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
WAYNE L. ALLEN & ASSOCIATES, P.A.
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
Attorney: Maurice Arcadier
Status: Closed
Date Filed: 08/05/2002
Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.
