SHERMAN — A Denton County man is suing Lowe's, alleging he was discriminated against after being injured on the job.
Mark Kitchen filed a complaint June 17 in the Sherman Division of the Eastern District of Texas against Lowe's Home Centers LLC, alleging violation of the Americans with Disabilities Act and worker's compensation discrimination.
According to the complaint, Kitchen was employed by Lowe's beginning in April 2015. The plaintiff says he accepted a position as an install sales representative in October 2015 and was promoted to support manager on Jan. 28, 2016. The suit alleges Kitchen began the process of transferring from California to a Lowe's in McKinney, Texas, in July 2017 so that he could be close to his daughter and grandchildren, and was approved to start working at the McKinney store Aug. 12, 2017.
The plaintiff, however, sustained an injury Aug. 7, 2017, when a forklift skidded on the floor of the California store where he was working, crushing his left leg, ankle, foot and toes. A CT scan, the suit says, showed that Kitchen had suffered a severe fracture. On Oct. 6, 2017, Kitchen says he completed his move to Texas but was taken off work in order to receive medical treatment.
The plaintiff's doctor allegedly made it clear that Kitchen needed accommodations so that he could complete his work in a sedentary manner. The plaintiff says he called Lowe's human resources Aug. 1, 2018, to see when he could return to work but was not given an answer. The plaintiff said he called again Aug. 2, 2018 and was told HR would look into his inquiry. The plaintiff had not heard from anyone by Aug. 7, 2018, and when the plaintiff has tried to contact the defendant he has been met with a lack of response.
Kitchen seeks trial by jury, compensatory damages, wages owed, attorney fees, interest and other just and proper relief. He is represented by attorneys Susan E. Hutchison and J. Robert Hudson Jr. of Hutchison & Stoy PLLC in Fort Worth.
Sherman Division of the Eastern District of Texas case number 4:19-CV-00447