Mayfield Candle Factory Tornado Lawsuit Sent Back to Graves County Court

Search and rescue crews work at the Mayfield Consumer Products candle factory early Sunday, Dec. 12, 2021 in Mayfield, Ky. Tornadoes and severe weather caused catastrophic damage across multiple states Friday, killing several people overnight. (Ryan C. Hermens/Lexington Herald-Leader via AP)

A Kentucky appeals court has ruled that employees killed or injured when a tornado destroyed the Mayfield Consumer Products candle factory in 2021 may pursue a lawsuit outside of workers’ compensation.

In a June 18 decision, the Kentucky Court of Appeals said workers and the estates of those killed can sue the company and a supervisor for damages if allegations are proven that employees were threatened with termination or unlawfully prevented from leaving the building before the EF-4 tornado struck.

According to the opinion, plaintiffs alleged supervisors stood in exits and did not allow workers to leave as severe weather approached. The company has denied those claims, saying workers were told to shelter in place.

A Graves County circuit court had previously dismissed the lawsuit, finding workers were limited to the workers’ compensation system. The appeals court reversed that decision in part, saying the allegations, if true, could support a claim of false imprisonment and may fall outside normal workers’ compensation protections.

The case now returns to Graves County Circuit Court for further proceedings.