Brown v. Diversified Decorative Plastics, LLC

OPINION

BUCKINGHAM, Judge.

This case is before the court sitting en banc to consider whether our prior opinion in Wilson v. Lowe’s Home Center, Ky.App., 75 S.W.3d 229 (2001), should be overruled. A majority of the court concludes that it should not be overruled. Thus, as the principles in that case are applied to the facts herein, we reverse and remand.1

Appellants, Shirley A. Brown and Joyce Fay Stinnett, both had been employed by Appellee, Diversified Decorative Plastics, LLC, (DDP) prior to October 8, 1998. Both appellants, who were over forty years old at that time, were discharged from…