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SIZEMORE v. PEABODY COAL CO.

No. 21014.

426 S.E.2d 517 (1992)

188 W.Va. 725

Arnold SIZEMORE, Plaintiff Below, Appellee v. PEABODY COAL COMPANY, a Delaware Corporation Doing Business in West Virginia; Peabody Holding Company, Inc., a Missouri Corporation; and Eastern Associated Coal Corporation, a West Virginia Corporation, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1992.

Attorney(s) appearing for the Case

Richard G. Rundle, Pineville, for appellee.

C. David Morrison, Steptoe & Johnson, Clarksburg, Stephen P. McGowan, Steptoe & Johnson, Charleston, and Robert Browning, Jr., Bailey, Worrell, Viers & Browning, Pineville, for appellants.

PER CURIAM:

Eastern Associated Coal Corporation (Eastern) appeals a final order of the Circuit Court of Wyoming County entering judgment on a jury verdict awarding Eastern's former employee, Arnold Sizemore, $1,560,028 in damages for retaliatory discharge. On appeal, Eastern argues that Mr. Sizemore failed to rebut Eastern's showing of a legitimate, nondiscriminatory reason for terminating him. We agree; therefore, we reverse...

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