Godsey v. Miller

Elmer Godsey, a former employee of defendant Asplundh Tree Expert, Inc. (“Asplundh”) has brought claims against all defendants alleging discrimination on the basis of age, in violation of the Kentucky Civil Rights Act, Ky.Rev.Stat. Ann. § 344.040 (Michie 1999), based on his termination from Asplundh. Godsey originally brought suit in state court, and defendants attempted to remove the case to federal court on the basis of diversity. Defendants Miller, Smith, and Bowling are, like Godsey, residents of Kentucky, but defendants asserted that Godsey’s complaint failed to allege properly any…