Stephen R. McPherson v. Amazon.com Services, LLC

Summary

The United States District Court for the Western District of Kentucky granted Amazon.com Services, LLC's motion for judgment on the pleadings in Stephen R. McPherson's pro se action alleging workplace harassment. The court held that the claim, construed under KRS 446.070 and KRS 525.070(1)(e), was time-barred under Kentucky's one-year limitations period for personal injury claims and alternatively failed to plausibly allege the requisite intent or lack of legitimate purpose. The court denied McPherson's motion to compel discovery as moot and ordered the case closed.

Holdings

1. The essence of plaintiff's allegations is bodily injury, making his claim essentially a common law personal injury claim subject to the one-year statute of limitations under KRS 413.140(1)(a).
2. Plaintiff fails to state a claim because he does not plausibly allege that Amazon acted with intent to harass or that Amazon's actions served no legitimate purpose.

Questions Presented

1. Whether plaintiff's harassment claim under KRS 446.070 and KRS 525.070(1)(e) is time-barred under the one-year statute of limitations for personal injury claims.
2. Whether plaintiff's complaint states a plausible claim for harassment under KRS 446.070 and KRS 525.070(1)(e).

Disposition

affirmed