Defendant says alleged death threat did not cause actual injury

By David Yates | Mar 30, 2012

A defendant accused of making a death threat against a former Cardinal Health Pharmacy Services employee is asserting that the plaintiff suffered no injury as a result of his alleged conduct.

On Dec. 12 Crystal King filed suit against Cardinal Health and Rehan Bashir, a director at the pharmacy, in Jefferson County District Court.

Court records show that on Jan. 9, Bashir and Cardinal Health answered the suit, asserting the following affirmative defenses: King failed to exhaust her administrative remedies before filing suit; suffered no injury because of Bashir's alleged conduct; and her claims are barred by estoppel and has suffered no damages.

In their answer, the defendants are asking that the court dismiss King's claims with prejudice.

King says in her suit that she was working as a pharmacy technician at defendant Cardinal Health Pharmacy Services in July 2009. From the start, King claims she began having problems with Bashir, who she alleges would reprimand her and other female employees for mistakes that her male coworkers would also make without repercussions, according to the suit.

The answer also asserts that the alleged adverse employment actions would have occurred irrespective of King's sex.

King resigned from her job at Cardinal on Nov. 11, 2010, when Bashir accused King of performing inadequate work and threatened to kill her if she told anyone, the complaint alleges.

Because the suit was filed more than two years after King quit, the defendants' answer further asserts her suit is subject to the statue of limitations.

The suit says King reported Bashir's alleged threat to law enforcement agencies and to her supervisors at Cardinal. She was greatly disappointed, though, in her supervisors' reactions.

"On November 23, 2010, Plaintiff was informed by the human resources department that defendant Rehan Bashir had been counseled," the suit states. "She (King) was also instructed to return to work with him."

King claims she suffered emotional distress, lost her enjoyment of life and suffered from mental anguish. She also lost earnings and her earning capacity, the complaint says.

She is seeking damages within the jurisdictional limits of Jefferson County District Court and exemplary damages, plus pre-judgment interest at the maximum rate, post-judgment interest at the legal rate, costs and other relief the court deems just.

Brandon P. Monk of The Monk Law Firm in Port Arthur represents her.

Houston attorney Tonya Jacobs of Baker & Hostetler represents the defendants.

Judge Milton Shuffield, 136th District Court, is presiding over the case.

Case No. D191-466

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