Quantcast
Channel: West Virginia Record » Mason County
Viewing all 286 articles
Browse latest View live

CIVIL FILINGS: Mason County

$
0
0

Mason County
July 26
Debbie Boston on behalf of Betty Gilkey v. Pleasant Valley Hospital, Inc., Pleasant Valley Nursing and Rehabilitation, Amber Finley, John Does 1-10 and Unidentified entities 1-10
PA – James B. McHugh; J – Nibert
*The plaintiff is suing the defendants for failing to take proper care of Gilkey while she was a resident at Pleasant Valley Nursing and Rehabilitation from Feb. 2 until March 5. She is seeking unspecified damages and court costs.
Case number: 10-C-81

Aug. 2
Roy D. Leonard v. the state of West Virginia, Division of Motor Vehicles – Joe E. Miller, commissioner
PA – David O. Moye; J – Nibert
*The petitioner, a resident of Apple Grove, is asking the court to overturn a decision made by the respondent’s hearing examiner revoking Leonard’s driver’s license for DUI. Leonard argues the hearing examiner improperly ruled on the revocation due to the arresting officer’s failure to appear at the hearing.
Case number: 10-C-87


CIVIL FILINGS: Mason County

$
0
0

Aug. 3
C.H. and T.H., as next friend of P.H., a minor child vs. the estate of Tony B. Rainey, deceased, John Doe 1, as direct supervisor, individually, John Doe II, human resources manager, individually, Kenny Peters, individually, and CSX Transportation, Inc.
PA – William C. Forbes and W. Jesse Forbes; J – Nibert
* The plaintiffs, residents of Mason are suing the defendants for enabling Rainey, an Apple Grove resident and CSX employee, to come onto their proper and sexually abuse their 11-year-old daughter, P.H., on Aug. 8, 2008. After pleading guilty to one charge of sexual abuse in October 2009, Rainey died the next month at the Anthony Correction Center while undergoing psychiatric evaluation. They seek unspecified damages, attorney fees and court costs.
Case number: 10-C-88

Mason couple accuses CSX of employing child predator

$
0
0
tonyrainey.jpg

Rainey

POINT PLEASANT -– A Mason County couple alleges CSX Transportation looked the other way regarding complaints that one of its employees was a sexual predator until he was eventually caught assaulting their daughter.

CSX is named as a co-defendant in negligent hiring lawsuit in Mason Circuit Court. In the complaint filed Aug. 3, a couple from Mason alleges CSX had knowledge one if its employees, Tony B. Rainey, had “a lustful disposition towards children”, but allowed him to work for the company until he was arrested two years ago.

In their suit, the couple -– who are only identified by their initials C.H. and T.H. –- allege that Rainey “did sexually abuse, batter, and indecently expose himself to P.H.”, the couple’s then-11-year-old daughter, on Aug. 4, 2008. At the time, Rainey, then a resident of Apple Grove, “was employed to perform maintenance and other duties” for CSX.

According to a criminal complaint filed by the West Virginia State Police, Rainey showed up to C.H.’s and T.H.’s house unannounced around 2:45 p.m. At the time, only P.H. was home.

For reasons not stated, Rainey was able to convince P.H. to allow him into the home. After he gained entry, the complaint alleges he dropped his pants and touched P.H.’s breasts.

Immediately, P.H. ran and hid in her parent’s room, and later called her mother. Shortly thereafter, Rainey left the scene.

According to court records, officers from the Mason Police Department were called to the house. However, believing the home to be outside the city limits, MPD called the State Police, who took T.H. and P.H’s statement.

Later that evening around 9:30 p.m., Rainey returned to C.H. and T.H’s home. He was arrested without incident.

According to the complaint, Rainey gave “a complete confession” to Cpl. Zerkle.

Rainey, records show, was later indicted in January 2009 by the Mason County grand jury on two counts of sexual abuse in the first degree, a felony, and one count of indecent exposure, a misdemeanor. Last August, Rainey agreed to plead guilty to one count of sexual abuse in exchange for the state dismissing the other sexual abuse, and indecent exposure charge.

Before imposing sentence, Judge David W. Nibert on Oct. 22 ordered Rainey to undergo a 60-day psychiatric evaluation at the Anthony Correctional Center near White Sulphur Springs. However, Rainey would not complete his evaluation as he died on Nov. 14.

No reason is given in either the criminal case or C.H. and T.H.’s suit as to how Rainey died. He was 58.

In their suit, C.H. and T.H. allege that CSX, including Rainey’s supervisor –- identified as John Doe I -– the human resources manager –- indentified as John Doe II -– and Kenny Parsons -– a CSX special agent based in Grafton -– knew Rainey “had a propensity to and would sexually assault, sexually abuse, sexually harass, and/or expose himself to minor children, such as P.H.” They also allege the defendants “had previous complaints regarding Tony B. Rainey’s questionable mental health, sexual deviant behavior, and/or other strange behavior.”

The suit names John Does I and II, Parsons and Rainey’s estate as co-defendants.

Along with negligent hiring and supervision, C.H. and T.H. make claims against the defendants for assault and battery, and intentional infliction of emotional distress. As a result of Rainey’s criminal actions, they allege both they and P.H. have incurred “pain and suffering, emotional distress, mental anguish, medical expenses, embarrassment, humiliation, damage to their reputations, annoyance and inconvenience, time missed from work, loss of enjoyment of their usual pursuits and other general damages.”

Along with unspecified damages, court costs and attorney fees, C.H. and T.H. seek a court order enjoining the defendants from influencing or intimidating potential witnesses, and committing any acts of retaliation against them. They are represented by former Kanawha County Prosecutor William C. Forbes and W. Jesse Forbes.

The case is assigned to Nibert.

Mason Circuit Court case number 10-C-88

CIVIL FILINGS: Mason County

$
0
0

Aug. 11
Ronnie Smith vs. Illinois Union Insurance Company
PA – Harvey Peyton; J – Nibert
* The plaintiff is suing the defendant, a Chicago-based insurance company, for failing to defend him in a civil suit pending in Mason Circuit Court. The suit, Frank Paul Wingo and Penny Wingo vs. Ronnie Smith, et. al. alleges Smith was partially responsible for injuries Frank sustained on June 23, 2007, after helping Bob Motz escape the cab of his jet-powered semi-truck when it caught fire at the Kanawha Valley Dragway Park in Southside. He seeks minimal damages of $13,037 – the amount he has already paid out of pocket to defend himself – plus court costs and attorney fees.
Case number: 10-C-90

CIVIL FILINGS: Mason County

$
0
0

Sept. 2
Shane Loomis, Joseph W. Roush, James Parsons Jr., Ryan E. Rickard, Bradley Roush, Wesley Martin, Dylan Rupe, Colby West, Virgil W. Watson III and Pamela D. Durst vs. Felman Production and Meredith Marker
PA – Bradley H. Layne and Thomas P. Boggs; J – Nibert
* The plaintiffs are suing the defendants for invasion of privacy for making them submit to a drug test Sept. 21 despite not working in safety sensitive situations. They seek unspecified damages and certification for class action status.
Case numbers: 10-C-104 through 10-C-112

CIVIL FILINGS: Mason County

$
0
0

Sept. 8
Town of New Haven vs. Coraletta F. Woolcock
PA – R. Craig Tatterson; J – Nibert
* The petitioner is asking the court to condemn the respondent’s property for the purpose of creating a right-of-way to construct a nearby sewer pump station.
Case number: 10-C-113

Sept. 10
Clarence Edwards, Chad Alan Edwards, Kody Dean Edwards and Bonnie Edwards, as next friend of Travis Kyle Edwards, a minor vs. Gregory S. Edwards, individually, and in his capacity as administrator and/or executor of the estate of Boyd C. Edwards
PA – Matthew L. Clark and Paul Biser; J – Nibert
* The plaintiffs are suing the defendant for attempting to disinherit them from their grandfather’s estate after Gregory Edwards submitted a purported will to the Mason County Commission in 2008 after Boyd Edwards died 11 years earlier without one. They seek an order declaring the will inauthentic and fraudulent, making Gregory Edwards conduct an accounting of the estate’s assets, reimbursing them for any estate property he may have converted for his personal use, settling the estate in accordance with intestate distribution, and recovery of attorney fees and court costs.
Case number: 10-C-114

CIVIL FILINGS: Mason County

$
0
0

Oct. 1
Gary J. Peck d/b/a Kanawha River Campground vs. JCJ Roush Inc. d/b/a RB Electrical Contractors
PA – R. Michael Shaw; J – Nibert
* The plaintiff is suing the defendant for breach of contract in failing to properly install 15 electrical hook-ups on a campsite owned by the plaintiff. He seeks judgment in the amount of $40,632.50 plus court costs and attorney fees.
Case number: 10-C-124

CIVIL FILINGS: Mason County

$
0
0

Oct. 8
Kenna Dolin vs. Harold Albertson and Liberty Insurance Underwriters
PA – Pro se; J – Evans
* The plaintiff, an inmate at the Huttonsville Correctional Center, is suing the defendants, a Charleston attorney, and his insurance carrier for legal malpractice for Albertson’s failure to properly handle a real estate matter on Dolin’s behalf in 2008 during his incarceration. He seeks $700,000 in damages.
Case number: 10-C-126

Oct. 12
In re: Joyce Edmonds, as mother and natural guardian of Hannah Johnson, an infant
PA – William Ballard; J – Nibert
* The petitioner, a resident of Ashton, is asking the court to approve a settlement of $14,800 from GMAC Insurance Company and American National Property and Casualty Company for injuries Hannah sustained on Aug. 23, 2008, in an automobile accident.
Case number: 10-C-127


PVH named in wrongful death of Jackson woman’s baby

$
0
0

POINT PLEASANT -– A Jackson County woman is accusing the staff at a Mason County hospital in the negligent delivery of her baby.

Katie Casto filed suit against Pleasant Valley Hospital in Mason Circuit Court on Sept. 24. In her complaint, Casto alleges staff at PVH failed to provide her proper pre-natal care that resulted in her baby’s death shortly after he was born.

In her suit, Casto, 19, a Kenna resident, alleges PVH failed to “adequately diagnose and treat [her], and/or fail[ed] to appropriately and timely deliver Korey Harrison,” her son. Also, she alleges PVH failed to monitor Korey’s pre-natal condition, and deliver him via Caesarean section.

The suit fails to provide specifics as to when she was a patient at PVH, and when Korey was born. It does state, however, he died on Aug. 30, 2009.

As a result of PVH’s negligence, Casto alleges she’s suffered “great mental pain and anguish, loss of services, society, guidance and companionship.” Also, Casto alleges she’s incurred funeral and burial expenses.

Casto seeks unspecified damages, court costs and attorney fees. She is represented by Madonna C. Estep with the Charleston law firm of Druckman and Estep.

The case is assigned to Judge David W. Nibert.

Mason Circuit Court case number 10-C-120

Mason man files two suits against himself

$
0
0

POINT PLEASANT -– In two lawsuits pending in Mason Circuit Court, the plaintiffs and defendants are one in the same.

John Hall Sr. filed separate suits for personal injury and wrongful death in Mason Circuit Court on behalf of his two children. In the complaints filed on Sept. 24, Hall names himself as administrator of his late wife’s estate as defendant.

According to the suits, Hall’s wife, Bridgette, was driving their 2004 Chevrolet Cavalier on W. Va. 62 two miles north of the Racine Locks and Dam near their home in Letart on Sept. 26, 2008. Accompanying Bridgette in the car were the Hall’s two children John Jr., and Misty Maxine, then 4-and 6-years-old, respectively.

At about 7:55 a.m, Bridgette “negligently lost control of [the] vehicle … and crossed into the path of a 2005 Mack dump truck owned by George Goldizen Trucking Inc.” According to both the suits, and her death certificate, Bridgette, 26, a student at Marshall University, died instantly.

Following the arrival of first responders, both John Jr. and Misty were airlifted to Cabell-Huntington Hospital. Though John Jr. would survive, suffering a fractured leg, and various “cuts, abrasions and bruises,” Misty died later that evening.

In the suits, Hall maintains that Bridgette, and not the truck driver, was at fault for the collision. Her negligence resulted in John Jr.’s injuries and Misty’s death.

In both suits, Hall seeks unspecified damages. He, in his capacity as John Jr.’s guardian, and as administrator of Misty’s estate, is represented by Point Pleasant attorney Ronald F. Stein Jr.

The cases are assigned to Judge David W. Nibert.

Mason Circuit Court case numbers 10-C-118 and 10-C-119

CIVIL FILINGS: Mason County

$
0
0

Oct. 28
Russell Gene Tucker vs. Norfolk Southern Railway
PA – Harvey Peyton; J – Nibert
* The plaintiff is suing the defendant for injuries he sustained from June 1, 1999 until June 1, 2007, after being repeatedly exposed to sawdust and rock dust. He seeks unspecified damages.
Case number: 10-C-134

Nov. 3
The estate of Elizabeth J. Thornton, by and through Joseph Thornton, personal representative
PA – Chad S. Lovejoy; J –Nibert
* The petitioner is seeking the court’s permission to settle a wrongful death claim from Nationwide Mutual Insurance Company for $50,000 under Elizabeth Thornton’s underinsured motorist policy. She was stuck and killed on May 30, 2009, by a stolen vehicle driven by James R. Randolph on Crab Creek Road. Nationwide has already paid $7,005 to cover Elizabeth’s funeral and burial expenses.

CIVIL FILINGS: Mason County

$
0
0

Nov. 12
Tommy J. Fouty vs. Vaidya Urology Clinic Inc. and Shrikant Vaidya, M.D.
PA – Jonathan W. Price; J – Nibert
* The plaintiff, a Millwood resident, is suing a Point Pleasant doctor, and his medical practice, for wrongful termination last year after Fouty objected to signing falsified records pertaining to his employee file, and affidavits relating to Dr. Danny R. Westmoreland’s medical malpractice suit against Vaidya. He seeks unspecified damages, including back pay, front pay and benefits, interest court costs and attorney fees.
Case number: 10-C-140

Former lab tech says doctor falsified med mal affidavit

$
0
0
svaidya.jpg

Vaidya

dwestmoreland.jpg

Westmoreland

POINT PLEASANT – Allegations leveled in a Jackson County man’s lawsuit could potentially open a new chapter in a long-running legal dispute between two Mason County physicians.

Dr. Shrikant K. Vaidya, a Point Pleasant urologist, and his medical practice, Vaidya Urology Clinic Inc. are named as co-defendants in a two-count wrongful termination suit in Mason Circuit Court. In the suit filed on Nov. 12, Tommy Fouty alleges he was terminated from his position as a lab technician in Vaidya’s office last year after he objected to signing a false affidavit relating to a pending civil suit Dr. Danny R. Westmoreland had against Vaidya.

According to his suit, Fouty, 37, a Millwood resident, began his employment with Vaidya on Jan. 1, 2003. Six months later, he participated in a stent removal Vaidya performed on Westmoreland.

In the subsequent lawsuit he filed in 2005 for medical malpractice, Westmoreland alleged the cystoscopy Vaidya performed resulted in him developing Peyronie’s Disease, a condition which results in curvature of the penis which causes pain during an erection making sex difficult or impossible, and renal failure Also, Westmoreland alleged Vaidya performed the stent removal without anesthesia, and his assistant helped restrain him after he repeatedly told him to stop the cystoscopy due to the pain it was causing him.

Fouty’s suit does not specifically say if he was the one who aided in restraining Westmoreland. Instead, he makes reference to the allegations Westmoreland leveled in his.

In addition to one for medical malpractice, Westmoreland made claims against Vaidya in his suit for fraud, battery and slander. On the latter, Westmoreland based his claim in response to his complaint against Vaidya with the state Board of Medicine.

According to Vaidya, Westmoreland performed intravenous sedation on himself, and the removal of the stent was “uneventful.”

Though the case was dismissed on the grounds Westmoreland did not file a required certificate of merit, the state Supreme Court remanded it back to circuit court with instructions he be given additional time to file one. The Court’s ruling did not address his fraud, battery and slander claims.

Records show the case was settled on Jan. 6. According to the Board’s Web site, Vaidya’s insurance carrier, Woodbrook Casualty, paid Westmoreland $125,000.

In his suit, Fouty alleges Vaidya on Nov. 5, 2009, asked him to update his employee file. Among the forms he was asked to complete was one asking for “a brief description of himself and about his performance ability” and “concerning the use of alcohol, tobacco, and/or drugs.”

He avers in his six years of employment with Vaidya that was first time he’d ever been asked to provide that information.

After he completed the form, and answered “no” to his use of drugs, alcohol and tobacco, Fouty says Vaidya’s office manager, Brenda Long, returned it to him saying he need to “‘respond with better information.’” Records are unclear if he did, but Fouty alleges Vaidya only asked those questions in an attempt to “find grounds for [his] termination in case they did not find [his] upcoming sworn testimony [in the Westmoreland suit] favorable to their case.”

Four days later, Fouty was asked to sign an affidavit saying that Westmoreland brought with him an IV kit with Valium the day of the stent removal. Initially, he refused to sign it “because he believed it to contain misinformation.”

Three hours later, the affidavit was reworded to say that he had no knowledge if the IV kit Westmoreland brought with him contained Valium. Again, Fouty says he refused to sign it since it, too, contained “false or misleading information.”

However, “for fear of retaliation,” Fouty says he signed the second affidavit when he was told he had to sign it despite his objections.

A month later, Fouty says Vaidya asked him to resign. According to his suit, Vaidya said the reason was not job related, but instead since both he and his practice “could not get their medical malpractice insurance renewed.”

As a precaution, Fouty asked that Vaidya put that in writing. In a letter dated Dec. 7, Vaidya says “Your services will not be required at Vaidya Urology Clinic, Inc. after December 31, 2009″ but makes no mention of his termination coming as a result of lack of insurance coverage.

In his suit, Fouty makes claims against Vaidya and his practice for wrongful termination, and intentional infliction of emotional distress. By ordering him to sign an affidavit he knew to be false or misleading, Fouty alleges Vaidya violated state laws dealing with perjury, false swearing and witness intimidation.

Fouty seeks unspecified damages including front pay, back pay and benefits, interest, court costs and attorney fees. He is represented by Jonathan W. Price with the Bell Law Firm in Charleston.

The case is assigned to Judge David W. Nibert.

Mason Circuit Court case number 10-C-140

CIVIL FILINGS: Mason County

$
0
0

Nov. 17
Dennis and Shawna McComas vs. Richard Lee Willett
PA – pro se; J – Nibert
* The plaintiffs are suing the defendant for breach of a Jan. 26, 2009, contract whereby Willett sold the McComases a 2000 Oakwood Mobile Home for $3,000 down, and $300 a month. Willett refused to accept their November payment saying the McComases breached the contract when they allowed a third party to move into the trailer. They seek unspecified damages.
Case number 10-C-142

CIVIL FILINGS: Mason County

$
0
0

Nov. 19
Jody and Heather Bailes vs. Rover Construction
PA – Harvey D. Peyton; J – Nibert
* The plaintiffs are suing the defendants for denying Jody temporary total disability in 2008 following an on-the-job injury. The denial of the unemployment compensation claim he made through Brickstreet was twice overturned by the state Office of Judges. Heather makes a claim for loss of consortium. They seek unspecified damages.
Case number: 10-C-148


CIVIL FILINGS: Mason County

$
0
0

Dec. 10
Cinda and Gregory Stalnaker vs. Jim Rubenstein, in his official capacity as commissioner of the West Virginia Division of Corrections, and the West Virginia Division of Corrections.
PA – R. Craig Tatterson; J – Nibert
* The plaintiffs are suing the defendants for injuries Cinda sustained on June 27, 2007, after falling on a wet floor at the Lakin Correctional Center for Women during a job interview. Gregory makes a claim for loss of consortium. They seek unspecified damages.
Case number: 10-C-150

Mason couple puts domestic discord aside to file personal injury suit

$
0
0

POINT PLEASANT –- Despite a public domestic squabble that lead to the recent arrests of their respective fathers, an estranged Mason County couple has temporarily reunited to file a personal injury lawsuit.

Ruthie Fisher-Billings, Joshua Billings and their daughters, Khloie and Kylie, filed suit against Nathaniel Reynolds in Mason Circuit Court on Dec. 10. In their complaint, Fisher-Billings, 29, and Billings, 30, allege they, Khloie, 10, and Kylie, 5, where injured following an automobile accident with Reynolds Christmas Day 2008.

Specifically, Fisher-Billings, and Billings allege they were stopped at the intersection of Jackson Ave. and 28th Street in Point Pleasant when they were rear-ended by a Ford Contour driven by Reynolds. The resulting collision resulted in not only they, but also Khloie and Kylie sustaining “lost wages, physical and mental injury, loss of enjoyment of life, medical and other expenses, great emotional and psychological distress, aggravation [and] inconvenience.”

The Billings’ seek unspecified damages, interest and court costs. Ruthie, Khloie and Kylie are represented by Barboursville attorney Amy M. Herrenkohl while Josh is represented by Point Pleasant attorney R. Michael Shaw.

The case is assigned to Judge David W. Nibert.

A month prior to filing their suit, the Billings’, who are currently separated, were involved in a personal altercation over the well-being of their daughters. The altercation resulted in not only their fathers, but also Josh being arrested.

According to criminal complaints in Mason Magistrate Court, Ruthie, accompanied by her father, Thomas A. Fisher, 47, of Gallipolis Ferry, went to the home of Josh’s parents, Brian and Shirley, on 27th Street in Point Pleasant to inquire about their daughter’s whereabouts. Records are unclear if the Fishers were searching for Khloie or Kylie.

When the Fishers refused to leave, Brian Billings, 53, called the police. After he pushed Billings in the chest, Thomas Fisher was arrested for trespassing, battery and obstructing.

While police had Fisher on the ground placing him in handcuffs, records show Josh, who is residing at his parents’ home pending his divorce from Ruthie, came out and kicked him in the head causing abrasions to the left side of his face and the destruction of his glasses. Josh was arrested and charged with domestic battery.

About that same time, Brian, who is the mayor of Point Pleasant, accosted Ruthie saying ” ‘You better not write anything about this on topix.com,’” and then spat in her face. According to the complaint, he, too, was arrested for domestic battery.

Records show both Brian and Josh were later released on a $1,000 personal recognizance bond while Fisher was taken to the Western Regional Jail before being released on a $2,000 personal recognizance bond.

Two days later, Josh was arrested again, this time on a felony destruction of property charge.

According to the criminal complaint, Chris Kittinger, a reporter for WCHS-TV8/WVAH FOX 11 News was filming outside the Billings’ residence for a segment about the previous domestic dispute. At an unspecified time, Josh came outside and told Kittinger to leave.

Despite being restrained by his brother, Josh managed to knock Kittinger’s camera over, and stomped on it. According the complaint, the camera sustained $2,500 in damages.

The destruction of property charges were dropped Jan. 4 at Billings’ preliminary hearing when Cabell County Prosecutor Chris Chiles, who has been appointed special prosecutor in the cases against Josh, his father and father-in-law, said the station was satisfied with the restitution Billings made. According to court records, he paid WCHS/WVAH $4,410.72.

A trial date has not been set on the remaining misdemeanor charges.

Mason Circuit Court, case number 10-C-151 (Billings’civil); Mason Magistrate Court, case numbers 10-M-1437 (B. Billings criminal), 10-M-1438 and 10-F-176 (J. Billings criminal) and 10-M-1439-1441 (Fisher criminal)

CIVIL FILINGS: Mason County

$
0
0

Dec. 10
Charles Burris, as the personal representative of the estate of Robert Lee Pumphrey vs. the state of West Virginia d/b/a Lakin Hospital
PA – Jeff D. Stewart; J – Nibert
* The plaintiff is suing the defendant for the wrongful death of his brother who choked to death in the defendant’s facility on Nov. 26, 2008. He seeks unspecified damages, and attorney fees.
Case number: 10-C-152

Dec. 14
Gregory A. Bonecutter Sr. vs. Herman L. Blessing
PA – pro se; J – Nibert
* The plaintiff, a Dover, Tenn. resident, is asking the court to order the return of a computer, monitor, printer, DVD player and air purifier with a total value of $1,537.51 in the defendant’s possession.
Case number: 10-C-154

CIVIL FILINGS: Mason County

$
0
0

Dec. 21
Amy Hunt vs. John Bryant, Charles Blake Sr. and the Mason County Commission, a body politic, Robert Baird, president, Miles Epling, commissioner and Rick Handley, commissioner
PA – Adam R. Salisbury; J – Nibert
* The plaintiff is the suing the defendants for retaliatory discharge after Blake, director of the Mason County 9-1-1 Center, changed her schedule, and required her to perform unrelated duties as an emergency dispatcher after lodging complaints against Bryant for sexual harassment. She seeks unspecified damages, including front and back pay, interest, attorney fees and court costs.
Case number: 10-C-157

Dec. 23
Richard D. Knopp vs. the Mason County Ambulance Authority, John Bryant, the Mason County Commission, and John Does 1, 2 and 3
PA – Michael N. Eachus; J – Nibert
* The plaintiff is suing the defendants for injuries he sustained on Dec. 27, 2008, when Bryant, who was driving an ambulance, backed into Knopp who was on a motorcycle behind him on Valley Dr. in Point Pleasant. He seeks unspecified damages, interest, court costs and attorney fees.
Case number: 10-C-158

Mason EMS boss hit with sexual harassment, personal injury suits

$
0
0

POINT PLEASANT –- A Mason County EMS supervisor is accused in two lawsuits of sexually harassing a dispatcher at the county’s 911 center, and injuring a motorcyclist while operating an ambulance.

John Bryant is named as a co-defendant in separate lawsuits filed by Amy Hunt and Richard D. Knopp in Mason Circuit Court. In their respective complaints filed in Mason Circuit Court on Dec. 21 and 23, Hunt and Knopp allege Bryant’s actions in 2008 resulted in them incurring emotional and physical injuries.

According to her suit, Hunt was hired as a dispatcher for the 911 center in March 2008. For the next 18 months, she worked a rotating 12-hour shift with Bryant as her supervisor.

A month after she was hired, Hunt alleges she “experienced a sexually hostile work environment” at the center. During her shifts, Hunt alleges she dealt with Bryant “discussing sexual activities, telling off-color jokes, unnecessarily touching [her], commenting on [her] and other females’ physical attributes [and] displaying sexually suggestive pictures.”

On an unspecified date, Hunt alleges she reported Bryant’s conduct to Chuck Blake Sr., the center’s director. After telling him several times, Blake told Hunt to “‘put [her complaints] in writing.’”

According to Hunt, Blake took action in her complaints, but not against Bryant. She alleges in January 2010, Blake informed her she would not only be working straight midnight shifts for the next three months, but also performing custodial duties at the center.

The change in shift, and addition of custodial duties, Hunt alleges was in retaliation for lodging her complaints against Bryant. According to her suit, Hunt resigned from the center in February.

Hunt makes claims against not only Bryant, but also Blake and the Mason County Commission for harassment, retaliatory discharge and intentional infliction of emotional distress. Hunt alleges by Bryant creating a hostile work environment, and Blake not doing anything about it, she not only “develop[ed] significant physical stress which manifested in debilitating physical injuries,” but also suffered a “loss of wages, employment benefits, career opportunities [and] professional reputation.”

In his suit, Knopp alleges on Dec. 27, 2008, he was on his Suzuki motorcycle behind one of the county owned ambulances in Point Pleasant. While stopped on Valley Drive, a one-way, westbound street near the intersection of Jackson Avenue, Knopp alleges the ambulance, which was “not responding to an emergency call,” backed up, and struck his motorcycle.

According to Knopp, Bryant was driving the ambulance, and was cited by police for improper backing.

Like Hunt, Knopp alleges as a result of Bryant’s “negligent … and reckless conduct,” he’s suffered “mental/physical harm” and “severe and permanent injuries.” These injuries have resulted in him enduring “lost income past, present and future.”

Knopp’s suit names the Mason County Emergency Ambulance Authority, the Commission and John Does 1, 2 and 3 as co-defendants. The Authority, and 911 center are separate entities under the Commission, but share the same facility on Lucas Drive in Point Pleasant

Hunt seeks unspecified damages including front and back pay, interest, court costs and attorney fees, and is represented by Gallipolis, Ohio attorney Adam R. Salisbury. Knopp also seeks unspecified damages, interest, court costs and attorney fees, and is represented by Michael N. Eachus also of Gallipolis.

Both cases are assigned to Judge David W. Nibert

Mason Circuit Court, case numbers 10-C-157 (Hunt) and 158 (Knopp)

Viewing all 286 articles
Browse latest View live


<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>