TAMPA – A Florida man, who lost his leg after a keg fell on his toe at work, sued his former employer after it terminated him soon after the statute of limitations for filing a workers’ compensation claim ran out.
Plaintiff Joshua Dunn of Highlands County filed his lawsuit in U.S. District Court for the Middle District of Florida, Tampa Division.
Dunn was employed as a district manager for defendant FSC Franchise Co. LLC., a Tampa company that focuses on multi-brand restaurant development.
In his eight-page complaint, Dunn claims when he tried to file a workers compensation claim that “promises and coercion” were used by FSC to prevent him from pursuing a claim.
“The Defendant maliciously waited until the statute of limitations for bringing the claim expired and then terminated him,” the lawsuit states.
“This termination was directly related to the Plaintiff’s workers’ compensation injury and due to his efforts to make and pursue a claim.”
Dunn injured himself on Feb. 16, 2022, when a keg fell on and broke his toe. A resulting bone infection led to his leg being amputated in July 2022.
He alleges FSC convinced him not to file a claim by telling him that if he did not, he could keep his job. But after the statute ran, they terminated his employment.
He claims he was able to perform “all of the essential functions” of his job – managing a total of six stores – with one leg.
During his employment, he alleges he was “mocked and ridiculed” about his leg by FSC.
Eventually, the company told him they did not feel he could do the job anymore, Dunn claims. He contends he was wrongfully terminated on June 10, 2024.
“The acts of the Defendant are malicious, and have caused the Plaintiff to suffer financial and emotional damages,” the lawsuit states.
Dunn seeks an award of compensatory damages for lost wages, emotional pain, suffering, and humiliation, and an award of attorney fees and costs.
He also seeks an order enjoining FSC from discriminating in the future based on his disabilities, and an order requiring he be reinstated to his position at FSC.
Dunn also seeks an award of punitive damages to “punish and deter” FSC from “committing outrageous acts of discrimination” in the future.
Kaylor Kaylor & Leto PA in Lakeland, Florida, is representing him in the action.
