CHARLESTON — A former employee and a patient have sued Grace Dental Care and Dr. Ronald A. Grace after they claim the dentist sexually harassed them.

Sarah Jane Adkins was employed by the defendants from June 2004 until she was laid off on April 1, 2011, according to a complaint filed Oct. 15 in Kanawha Circuit Court.

Adkins claims a few months after her hire, it became apparent that Grace had an obvious sexual attraction toward Christa Richards, another female employee, and made many inappropriate comments to her about Richards.

In May 2006, Grace wrote up Richards for allegedly not staying at work until the schedule was filled and confirmed, and for not staying after work with him to go over reports, according to the suit, and after reading the false write-up, Richards left her employment.

Adkins claims Grace denied Richards’ unemployment and Richards reported his sexual harassment. She claims during the summer of 2006, statements were taken from her and other employees in the parking lot by a representative of attorney Christopher Smith’s office.

When Grace and Smith interviewed Adkins as a witness, she informed them both that she believed Grace did sexually harass Richards and if asked to testify, she would testify to that fact, according to the suit.

Adkins claims that on one occasion, Grace threatened her that if she were to say anything about the rumors regarding his extramarital conduct, he would start a rumor about her, and after 2006, his sexual harassment against her became more frequent.

On April 1, 2011, Adkins was laid off for failing to acquiesce to Grace’s repeated, inappropriate and illegal sexual advances, according to the suit.

In February, Adkins claims she decided to continue treating with Grace as her dentist since he had been her dentist for more than 20 years and she did not trust other dentists in the area.

Adkins claims on March 1 she went in for a dental cleaning because she needed a dental procedure and had been putting it off. She claims because the cleaning went well, she thought it would be fine to have Grace perform her procedure.

In May, Adkins returned to Grace’s office for the first phase of treatment, which was an extraction, according to the suit, but Grace sexually harassed her when she was there.

Adkins also claims Grace verbally harassed other patients with sexual innuendo and propositions.

As a result of the defendants’ alleged actions, Adkins has suffered severe emotional and mental distress, humiliation, anxiety, embarrassment, aggravation, annoyance and inconvenience, according to the suit.

In the second suit, Lois Nelson says she made an appointment for dental work due to dental problems. On Nov. 11, 2011, she said Grace performed an examination and informed her she was in need of two root canals, so she scheduled a follow-up appointment, according to a complaint filed Oct. 19 in Kanawha Circuit Court.

Nelson claims that on Dec. 6, 2011, she returned for dental work and Grace asked her if she had remarried, to which she told him she had remarried, but was getting a divorce.

Grace told Nelson that it was her husband’s loss and agreed to allow her to set up a payment plan for the root canals, according to the suit, and when Nelson got out of her chair and the dental assistant left the room, Grace hugged her tightly and asked her if “she would have oral sex with him with no commitment.”

Nelson claims when she told him she was not interested, he told her to consider the offer.

Shortly after allegedly asking Nelson to perform oral sex on him, Grace advised her that he would give her a discount on her dental work, told her she was very pretty, that he was attracted to her and that she would have no problem finding a man, according to the suit.

Nelson claims in February she had another dental appointment and was reluctant to return to the office because of Grace’s inappropriate conduct, but felt she needed to have her dental work completed.

During the visit, Grace continued with the inappropriate conduct, to which she told him she was not interested, according to the suit.

Nelson claims in late February, Grace called her approximately six times in one evening and afterward, she had several more appointments with Grace, but she canceled them because she did not wish to be further harassed by Grace.

Grace scheduled Nelson for an appointment on a Saturday in June, but she canceled the appointment because she did not want to be alone with Grace in the office, according to the suit, and rescheduled the appointment for Aug. 14, a weekday, so that she would not be alone with him.

Nelson claims at the Aug. 14 appointment, Grace asked her again to perform oral sex on him, asked her to rent a hotel room and asked her what sexual positions she preferred.

Throughout the discussion, Nelson repeatedly told him she was not interested and finally, Grace’s assistant realized that he had been in the room with Nelson longer than usual and entered the room, according to the suit, however, when Nelson attempted to leave, Grace “hugged her tightly and told her that she aroused him.”

Nelson claims Grace’s alleged conduct was illegal and inappropriate and was unwelcome, based on her sex, and was sufficiently severe or pervasive as to alter the conditions of her environment while treating with Grace.

Grace allegedly acted intentionally to cause harmful or offensive contact with Nelson’s person, according to the suit, and caused Nelson severe emotional and mental distress; humiliation; anxiety; embarrassment; aggravation; and annoyance and inconvenience.

Both women are seeking compensatory and punitive damages with pre- and post-judgment interest, and both are being represented by Matthew S. Criswell and Mark L. French.

The Adkins case has been assigned to Circuit Judge Jennifer Bailey. The Nelson case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case numbers: 12-C-2081 (Adkins) and 12-C-2123 (Nelson)

CHARLESTON – A woman who was suing Maple Creative, LLC for sexual harassment has filed a motion to dismiss the lawsuit.

Lora Franco claimed Maple Creative and Michael Haid, an employee, sexually harassed her during her employment as a client service representative, according to a complaint filed Nov. 27 in Kanawha Circuit Court.

Franco filed a motion to dismiss on Dec. 21, but did not give any reason for wanting to drop the suit. She had informed the West Virginia Record of her intention to drop the lawsuit shortly after it published a story about her complaint.

In the complaint, Franco had claimed that Haid had routinely made comments of a sexual nature around her and to her and would repeatedly text her inappropriate and sexually charged messages.

Franco is being represented by Matthew S. Criswell and Mark L. French.

The case was assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 12-C-2352

CHARLESTON – A Fayette County woman is suing the West Virginia Division of Natural Resources after she claims she was sexually harassed by another employee.

John Bracken, an employee of WVDNR, was also named as a defendant in the suit.

Megan Flinn started working for the defendant at Hawks Nest in January 2010, according to a complaint filed Dec. 13 in Kanawha Circuit Court.

Flinn claims she endured persistent and constant sexual comments, questions, graphic sexual jokes and/or other forms of severe sexual harassment from Bracken.

The WVDNR knew or should have known of the ongoing problems with Bracken, according to the suit.

Flinn claims Bracken would also slam objects onto things to scare employees and would poke them in their heads with his finger or hit them in the back of the head, despite being asked on multiple occasions to stop.

Bracken created a hostile work environment; discriminated against Flinn because of her gender; sexually harassed her; and violated the West Virginia Human Rights Act, according to the suit.

Flinn is seeking compensatory and punitive damages. She is being represented by Thomas A. Rist.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 12-C-2445

HUNTINGTON – A former employee is suing Regis Corporation after she says she was sexually harassed by the district manager.

Fiesta Salon and Lolanda Bentley were also named as defendants in the suit.

Paige Allison Walters worked for the defendants for approximately four years in its various locations as a hair stylist and then at Fiesta Salon as a manager, according to a complaint filed Dec. 21 in Cabell Circuit Court.

Walters claims Bentley was the district manager and was her supervisor.

During her employment, Walters worked in close proximity to and had regular contact with Bentley, who subjected her to unwelcome gestures, verbal comments and advances of a sexual nature, according to the suit.

Walters claims in October 2010, she attended a conference for the defendants in Sandusky, Ohio, where Bentley made advances on her, including taking a photograph of her, telling her how beautiful she was and how Bentley wanted to get to know her.

The advances became stronger on each visit Bentley made to the West Virginia area and she began to arrange lunches and meetings with Walters, according to the suit.

Walters claims Bentley repeatedly inquired whether or not she was happily married and if she was bisexual and suggested that she would give her a raise if she reciprocated Bentley’s affection.

In December 2010, Bentley asked Walters to join her for dinner at the Outback Steakhouse in Barboursville and during dinner, Walters observed Bentley placing what appeared to be a pill into Walters’ drink, according to the suit. When Bentley went to the restroom, Walters removed the substance from the drink and held onto it, the suit says.

Walters claims Bentley asked her to return to her hotel room across the Outback parking lot and when she refused, Bentley threatened her and told her not to bother coming back to work.

On Dec. 24, 2010, Walters feared to return to work because of Bentley and when she did not appear at Fiesta Salon, Bentley called Lawrence County, Ohio, 911 and reported Walters as missing, according to the suit. The Lawrence County Sheriff’s Department actually dispatched to Walters’ home to look for her, the suit says.

Walters claims Bentley continued to call and text her after the sheriff told her to refrain from doing so.

Following these incidents, Walters reported the incidents to Regis, following the proper chain of command, according to the suit, and Regis “supposedly… conducted an investigation.” However, Regis had been informed on multiple occasions prior to the incidents of Bentley’s conduct, the suit claims.

Walters claims the defendants violated the West Virginia Human Rights Act by sexually harassing her and creating a hostile working environment.

The defendants’ actions caused Walters to suffer indignity, embarrassment, humiliation and emotional distress, according to the suit.

Walters is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Abraham J. Saad and Ashley Lockwood.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 12-C-849

CHARLESTON – A Lincoln County woman is suing Medford Trucking, LLC, after she claims she was harassed and threatened by other employees.

Medford Transport, LLC; Medford Holding, LLC; Kevin Medford; Roger Medford; and Cindy Medford were also named as defendants in the suit.

Debbie Ann Bowes was hired by the defendants as the Director of Human Resources in August 2011, according to a complaint filed Jan. 9 in Kanawha Circuit Court.

Bowes claims she was subjected to unwelcome and offensive sexual advances, solicitations, sexual remarks, unwanted physical touching and sexual innuendo by Kevin Medford and when she reported the conduct to Roger Medford, he ignored her complaints and engaged in making sexually explicit unwelcome comments to her.

Kevin Medford’s sexual harassment continued and he retaliated against Bowes’ reporting him by embarrassing her and making comments about her physical appearance and her body in the presence of numerous individuals, including Roger Medford and attorney John Alderman, according to the suit.

Bowes claims on Dec. 20, Cindy Medford called her and her home and threatened her life.

At the time, Cindy Medford also published false and slanderous statements to Bowes’ husband, including that she was having an affair with Kevin Medford, according to the suit.

Bowes claims Cindy Medford also told her husband she was going to kill her and upon receiving these threats, Bowes went to the police and obtained a temporary personal safety order against Cindy Medford.

On Dec. 29, the defendants engaged in a scheme to terminate Bowes’ employment by changing the locks at the office and disabling her email access, according to the suit.

Bowes claims on Jan. 2, she was informed by Alderman that she was suspended with pay pending an investigation and that she still remains suspended.

The defendants violated the West Virginia Human Rights Act by sexually harassing Bowes and creating a hostile work environment, according to the suit.

Bowes is seeking compensatory and punitive damages. She is being represented by Maria W. Hughes and Mark Goldner.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-34

CHARLESTON – A former employee is suing Family Dollar Corporation, Inc., after she claims she was sexually harassed by a supervisor.

James McCallister, an employee of Family Dollar, was also named as a defendant in the suit.

Amanda Jeffrey was employed by the defendants, according to a complaint filed Jan. 14 in Kanawha Circuit Court.

Jeffrey claims during her employment, McCallister created a hostile work environment by making inappropriate comments and making inappropriate physical contact.

McCallister’s conduct was unwelcome and unwanted, according to the suit.

Jeffrey claims in October she clocked out and did not return to her employment with Family Dollar because she could no longer tolerate the hostile working conditions created by McCallister.

McCallister has harassed employees of Family Dollar in the past and continues to remain employed at Family Dollar, according to the suit.

Jeffrey claims the defendants’ actions have caused her embarrassment, emotional and mental distress and loss of personal dignity.

The defendants violated the West Virginia Human Rights Act by creating a hostile working environment, according to the suit.

Jeffrey is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Paul M. Stroebel.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-54

Secoy

PARKERSBURG – The Wood County Commission has agreed to settle a woman’s claim she was sexually harassed by one of her counselors in the drug court program.

Wood Circuit Judge J. D. Beane on Aug. 8, 2011, dismissed Nikki Faye Secoy’s lawsuit against the Commission after the sides earlier announced they reached a settlement through mediation. The terms of the settlement were not disclosed in court records.

However, in response to a Freedom of Information Act request submitted by the West Virginia Record, the commission disclosed it paid Secoy $37,500. The payout was made by its insurance carrier, West Virginia Counties Risk Pool.

Also, WVCoRP paid a total of $62,557.50 in legal fees in expenses. The bulk, $33,974.04, to George J. Joseph with Bailey and Wyant, who represented the Commission, and nearly the rest went to Wendy E. Greve with Pullin, Fowler, Flanagan, Brown and Poe, who defended David W. Jeffrey, one of the co-defendants.

In her suit, Secoy, 39, alleged, Jeffrey, 59, while employed as a counselor for the Wood County Community Corrections Day Report Center, forced her to have “inappropriate and illegal sexual relations” with him. No specifics were provided as to the nature of the acts or when they took place.

According to court records, Secoy was placed into the county’s drug court program on Sept. 5, 2008, after pleading guilty to two counts of forgery and uttering. Though no action was initially taken against him after she reported their alleged encounter to the center’s staff, Secoy says Jeffrey was eventually terminated “for this inappropriate sexual conduct.”

According to the Wood County Clerk’s Office Jeffrey, was employed at the Center from Nov. 1, 2006, until Jan. 15, 2010. The center provides alternative sentencing for non-violent offenders in Wood, Jackson and Roane counties, and is partially funded from fees paid by offenders who then participate in substance abuse, anger management or G.E.D. programs.

An apparent criminal investigation was conducted into Jeffrey’s alleged misconduct as among the names her attorney Paul Stroebel submitted on his witness list for a possible trial were Wood County Prosecuting Attorney Jason Wharton and “all individuals involved in the investigation.” However, records show Jeffrey was never charged with any crime related to Secoy’s allegations.

Wood Circuit Court, case number 10-C-92

CHARLESTON – A former employee is using Charleston Area Medical Center for failing to step in when she was sexually harassed by a physician.

Dr. Asif Rahman was also named as a defendant in the suit.

Sarah Ramella was employed at CAMC as a nurse and was assigned to work in the Medical Intensive Care Unit on the fifth floor at CAMC Memorial Division, according to a complaint filed Feb. 5 in Kanawha Circuit Court.

Ramella claims Rahman was an independent contractor who worked in the capacity of a physician of nephrology at CAMC.

From February through November, Rahman created a hostile work environment when he intentionally, wrongfully and unlawfully sexually harassed and battered Ramella, according to the suit.

Ramella claims Rahman followed her into patient’s rooms, inappropriately touched her, grabbed her, bit her ear, made inappropriate comments and stared at her to the point of making her feel uncomfortable.

In September, when Ramella asked Rahman for a referral for nurse anesthetist school, he indicated that a sexual favor would be required for a referral, according to the suit.

Ramella claims CAMC failed to provide her with a non-hostile and productive work environment free from sexual harassment by failing to discipline, monitor or take appropriate action against Rahman.

The defendants caused Ramella to suffer repeated, unwanted and unwelcome sexual touching; repeated batteries; anxiety; humiliation; annoyance and inconvenience; degradation and mortification; invasion of privacy; her personal dignity affronted; damage to her reputation; emotional pain and suffering; lost wages; and future lost wages, according to the suit.

Ramella is seeking compensatory and punitive damages. She is being represented by Lia DiTrapano Fairless and L. Tom Price.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-240

Stroebel

WINFIELD – A former employee is suing U.S. Foods after she claims she was sexually harassed by her supervisor.

Roger Turner was also named as a defendant in the suit.

Megan Underwood was an employee of U.S. Foods, according to a complaint filed Feb. 25 in Putnam Circuit Court.

Underwood claims Turner made unwelcome sexual remarks, physical contact and physical advances and created a hostile working environment.

In January, Underwood was asked not to return to her employment and, upon information and belief, Turner remains employed with U.S. Foods, according to the suit.

Underwood claims the defendants’ actions have caused her embarrassment; emotional and mental distress; and loss of personal dignity.

The defendants’ actions have also caused Underwood to incur lost wages and were in violation of the West Virginia Human Rights Act, according to the suit.

Underwood claims U.S. Foods neglected its duty to ensure that her work environment was free from intimidation and hostile sexual harassment and took no action when she complained about Turner’s behavior.

Turner’s harassment constitutes extreme and outrageous conduct and caused Underwood to suffer severe emotional distress, according to the suit.

Underwood is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Paul M. Stroebel of Stroebel & Johnson, PLLC.

Putnam Circuit Court case number: 13-C-48

Hughes

CHARLESTON – A lawsuit concerning alleged harassment and threats made to a former Medford Trucking employee has been dismissed.

Medford Transport LLC; Medford Holding LLC; Kevin Medford; Roger Medford; and Cindy Medford were also named as defendants in the suit.

A Notice of Dismissal was filed on Jan. 25 in Kanawha Circuit Court stating that the plaintiff, Debbie Ann Bowes, dismissed the action with prejudice.

In her lawsuit, Bowes had claimed she was subjected to unwelcome and offensive sexual advances, solicitations, sexual remarks, unwanted physical touching and sexual innuendo by Kevin Medford and when she reported the conduct to Roger Medford, he ignored her complaints and engaged in making sexually explicit unwelcome comments to her, according to a complaint filed Jan. 9 in Kanawha Circuit Court.

Bowes had also claimed Cindy Medford had published false and slanderous statements to Bowes’ husband, including that she was having an affair with Kevin Medford and that Cindy Medford told her husband she was going to kill Bowes.

Bowes was represented by Maria W. Hughes and Mark Goldner of Hughes & Goldner PLLC. The defendants were represented by Ancil G. Ramey of Steptoe & Johnson PLLC.

The case was assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-34

CHARLESTON – Four women have filed lawsuits against Shorest LLC after they claim they were sexually harassed by another employee.

Rory Smith, Shorest 1423 LLC, Shorest 1101 LLC, and R&D Foods Inc. were also named as defendants in the suit.

Kelli Ward, Kathleen Hancock, Erica Johnson and Mary Robinson were all employed by the defendants, according to four complaints filed April 1 in Kanawha Circuit Court.

The women claim during their employments, Bobby Moss and Smith served as managers/supervisors and employees at Shorest and, at various times, supervised and managed them.

During the plaintiffs’ employments, Moss repeatedly sexually harassed them by engaging in unwelcome sexual advances based on their gender; requesting them to perform sexual acts with and upon him; repeatedly talking about his sexual desires with them; and improperly touching their body parts in a sexual and unwelcome manner, according to the suits.

The plaintiffs claim Moss sexually assaulted them by repeatedly touching and grabbing them from behind and also grabbing the front of their bodies without their consent.

Moss engaged in hostile and physically aggressive behavior with the plaintiffs and created a hostile and offensive work environment that interfered with the plaintiffs’ work performance, according to the suits.

The plaintiffs claim the defendants were aware of Moss’ actions, but failed to take reasonable measures to remedy and/or prevent it.

The defendants also violated West Virginia code by retaliating against the plaintiffs for their complaints by terminating their employments and refusing to transfer them to other Shorest restaurants, according to the suits.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by David R. Barney Jr. of Thompson Barney and John W. Alderman III.

The cases have been assigned to Circuit Judges James C. Stucky, Jennifer Bailey, Tod J. Kaufman and Carrie Webster.

Kanawha Circuit Court case numbers: 13-C-610, 13-C-611, 13-C-612, 13-C-613

CHARLESTON – Four former employees are suing Rio Grande Inc. after they claim they were sexually harassed by a convicted sex offender who was employed in its Charleston restaurant.

Jennifer Blevins, Tiffany Freeman, Amy Abshire and Brittany Light were employed by Rio as waitresses and consistently performed their duties in a satisfactory manner and met the defendant’s reasonable expectations, according to four complaints filed April 18 in Kanawha Circuit Court.

The plaintiffs claim during their employment, they were subjected to sexual harassment by a management employee named Jorge Lugo, who was a convicted sex offender and is also the nephew of Rio’s owner, Miguel Aguirre.

Lugo constantly made unwanted sexual advances toward the plaintiffs and asked for sexual favors, according to the suits.

The plaintiffs claim Lugo made sexual comments and innuendo directed toward white, female employees who were born in the United States, but did not sexually harass employees of any other race, color or national origin.

When the plaintiffs notified Rio of the sexual harassment and hostile work environment, nothing was done to address the situation and the defendant completely failed to investigate and correct the problems, according to the suits.

The plaintiffs claim the working conditions were so intolerable that a reasonable person would be compelled to quit and, due to such working conditions, they resigned from their employment.

After resigning from employment, Blevins and Abshire returned after Lugo was transferred to another location, according to the suits, but were still subjected to sexual harassment and a hostile work environment and were compelled to quit again.

The plaintiffs claim Rio violated the West Virginia Human Rights Act and caused them indignity, embarrassment, humiliation, annoyance and inconvenience.

Rio’s negligent actions were willful, wanton, malicious and/or undertaken with reckless disregard and/or reckless indifference to the rights of the plaintiffs, according to the suits.

The plaintiffs are seeking compensatory and punitive damages with pre-judgment interest. They are being represented by Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson & Polak.

The cases have been assigned to Circuit Judges Jennifer Bailey, Charles E. King and James C. Stucky.

Kanawha Circuit Court case numbers: 13-C-749, 13-C-750, 13-C-751, 13-C-752

CHARLESTON – A former Greenbrier County home confinement officer is accused of getting too personal with an offender he was assigned to supervise.

Richard Mines is named as a co-defendant in a seven-count civil rights suit filed April 29 by Michelle E. Kelly. In her complaint filed in U.S. District Court, Kelly, 28 and a Lewisburg resident, alleges Mines propositioned her for sexual favors and sent her lurid pictures while she was on home confinement and assigned to the county’s day report center last year.

According to the suit, Kelly on April 5, 2012, was sentenced to begin a term of home confinement. The charges are not stated in court records.

After she was assigned to Mines, she alleges he began to repeatedly harass her sexually. This included, she says, a quid pro quo offer “he would overlook any violations of her sentence to home confinement/day report programs… if she would engage in certain sexual acts with him.”

In her suit, Kelly says the offers were made both personally and via text messages. Also, in at least one instance, Kelly alleges Mines sent her a picture of his penis via text.

According to the suit, Kelly was released from home confinement in July. On an unspecified date, Mines was fired as an HCO.

As a result of Mines’ conduct, Kelly says she’s suffered, among other things, “embarrassment, humiliation, and emotional distress.” Along with ones for arrest, detention and confinement, assault, intentional, and negligent infliction of emotional distress against Mines, Kelly makes claims against the Greenbrier County Commission, which is named as the other co-defendant in the suit, for negligent supervision and training.

In West Virginia, the county commissions and sheriffs are co-employers of HCOs.

Kelly seeks unspecified damages, court costs and attorneys fees. She is represented by Charleston attorney Scott H. Kaminski.

The case is assigned to Judge Joseph R. Goodwin.

U.S. District Court for the Southern District of West Virginia, case number 13-cv-9351

HUNTINGTON – Two former employees are suing Aetna Building Maintenance and Special Metals for sexual harassment they were allegedly exposed to during their employment.

Tina Patizer and Tim Kochendoerfer were also named as defendants in the suit.

Diana Norvell and Melinda Eaves were employed by Aetna and worked as subcontractors for Aetna at the Special Metals plant in Huntington, according to two complaints filed May 3 in Cabell Circuit Court.

Norvell and Eaves claim they worked in close proximity to Kochendoerfer and were subjected to unwelcome gestures of a sexual nature by Kochendoerfer.

The plaintiffs were subjected to unwelcome verbal comments of a sexual and/or vulgar nature by the defendants accusing them of engaging in a sexual relationship and were subjected to unwelcome harassing telephone calls on her personal phone while not working by Aetna by Patizer, requesting information and accusing them of engaging in a sexual relationship, according to the suits.

Norvell and Eaves claim in the course of an apparent investigation into them, the Human Resources Department asked questions concerning and accusing them of engaging in a sexual relationship and on May 6, 2011, Aetna officially terminated their employment, claiming they misused the company vehicle.

The investigation that was conducted by the company did not inquire into the subject of the company vehicle, but rather focused on the alleged sexual relationship between Norvell and Eaves, according to the suits.

Norvell and Eaves claim Norvell applied for and was granted unemployment benefits with Workforce West Virginia and the defendants contested her claim, but an Administrative Law Judge found no misconduct on Norvell’s part.

At all times relevant to this action, Norvell and Eaves have been work colleagues and nothing more, according to the suits.

Norvell and Eaves claim they were subjected to sexual harassment and a hostile working environment by the defendants, which violated the West Virginia Human Rights Act.

The plaintiffs were subjected to gender discrimination and their termination of employment was in violation of West Virginia code and constituted retaliatory discharge, according to the suits.

The plaintiffs are seeking compensatory and punitive damages with pre-judgment interest. They are being represented by Abraham J. Saad of Abraham J. Saad PLLC.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-292, 13-C-293

Hastings

CHARLESTON – Two former employees are suing WV Durable Medical Equipment Co. LLC for wrongfully terminating their employment when they complained about sexual harassment.

Gregory Amendolea and James Christopher Pallotta were also named as defendants in the suit.

Candace Smith and Alisha Quickle were employed by WV Durable until their employment was terminated on July 13, 2011, and June 18, 2011, according to two complaints filed May 2 in Kanawha Circuit Court.

Smith and Quickle claim Amendolea used sexually suggestive, inappropriate, vulgar and/or abusive verbal language toward them and created a hostile work environment.

Pallotta, with full knowledge of Amendolea’s behavior and sexual behaviors, failed to take action to protect Smith and Quickle and others from such sexual behavior and harassment, according to the suits, and later terminated their employment in retaliation for complaints made about Amendolea’s actions.

Smith and Quickle claim the defendants’ conduct was wrongful, unlawful and in violation of the laws and public policy of the state of West Virginia.

As a direct and proximate result of the negligence, carelessness, recklessness and/or willful conduct of the defendants, which caused the plaintiffs to suffer severe and irreparable harm and injury, including fear, embarrassment, humiliation, sleeplessness, depression, anxiety, mental anguish, shock, fear, horror, annoyance, inconvenience, anger, chagrin, disappointment, worry, nausea, physical injury, emotional distress, psychological trauma, loss of the ability to enjoy life and emotional pain and suffering, according to the suits.

Smith and Quickle claim the defendants also caused them to incur economic losses.

The wrongful acts of the defendants were willful, wanton, malicious, reckless and generally abhorrent and shocking with regard to the rights and dignity of the plaintiffs, according to the suits.

They claim they were terminated in retaliation for complaining about Amendolea’s behavior.

Smith and Quickle are seeking compensatory and punitive damages. They are being represented by Stephen E. Hastings and Raj A. Shah of Hendrickson & Long PLLC and Crystal Hawkins Castleberry of Castleberry Law Offices.

The cases have been assigned to Circuit Judges Carrie Webster and James C. Stucky.

Kanawha Circuit Court case number: 13-C-859, 13-C-860

Mountaineer Casino Racetrack & Resort

WHEELING – Mountaineer Casino Racetrack & Resort has won a lawsuit brought by a former table games dealer who alleged she was the victim of sexual harassment.

On May 20, U.S. District Judge John Preston Bailey, of the Northern District of West Virginia, granted summary judgment in favor of the racetrack in Stacey Stewart’s lawsuit against it. Stewart alleged she was the subject of sexual comments, rumors and touching.

“(T)he alleged touching by the supervisors was neither severe nor physically threatening or humiliating,” Bailey wrote.

“The plaintiff merely states that the supervisors briefly touched her back while talking to her or showing her something on the table while she was working. In addition, the plaintiff does not claim that the touching incidents were accompanied by any threats, intimidation or humiliation.

“The plaintiff was questioned during her deposition regarding these touching incidents. When she was asked how the touching by any of the individuals was sexual in nature, she responded that no one has the right to put a hand on her back and it is sexual to touch someone on the small of the back; however, the plaintiff’s subjective opinion is not sufficient to establish that the touching was sexual in nature and based upon her status as a female.”

Stewart began working as a dealer at Mountaineer on March 18, 2010. Almost a year later, she reported to her immediate supervisor that she overheard inappropriate sexual comments being made about herself and other female employees by supervisors.

However, she said she did not want to take her complaints to the human resources department.

Three weeks later, she reported that things had improved, but a week later she requested a meeting with HR to inform the department that the comments were continuing.

Also at the meeting, she complained a rumor was circulating that she and another dealer were caught having sex on the premises. Eventually, the HR department conducted an investigation and provided Stewart with the results and actions being taken to stop circulation of the rumor.

In May 2011, she made three complaints about supervisors touching her. All three said a supervisor touched her back.

Later that month, she was issued two corrective action notices – one for an overpayment issue on Roulette and one for parking outside a designated employee area.

On June 8, 2011, the West Virginia Lottery Commission issued a violation notice to the racetrack because of a conversation Stewart had while off-duty with a co-worker who was dealing Roulette. She was fired six days later.

Her lawsuit, filed April 2, 2012, in Hancock County Circuit Court, alleged she was fired in retaliation for reporting the sexual harassment. The case was removed to federal court.

The following are passages from Bailey’s decision as he addressed Stewart’s claims:

-Sexual harassment as to the rumor – “This court notes that it is difficult for a plaintiff to sustain a Title VII claim based upon an employer’s alleged failure to quell rumors. This is particularly true when the rumor pertains to two individuals – one male and one female – because the plaintiff cannot demonstrate that the rumor was circulated based upon her sex, which is a required element of a sexual discrimination/sexual harassment claim.”

-Sexual harassment as to the alleged comments – “(T)his court notes that the plaintiff points to no corroborating evidence regarding these comments; in fact, the individuals that she listed as witnesses informed the human resources department that they did not witness such comments.”

-Sexual harassment as to the touching – “(T)his court finds that such touching neither meets the required severe or pervasive element of such a claim nor supports a finding of a hostile work environment.”

-The retaliatory discharge claim – “(T)he plaintiff has failed to establish that there was a causal link between her sexual harassment complaints and the termination of her employment.”

-Intentional infliction of emotional distress – “(T)he plaintiff visited Mountaineer Park when she was not required to be there for work during the time that she alleges she was experiencing her emotional distress at work. In addition, the plaintiff cites to no medical or psychological evidence in support of these claims.”

Larissa C. Dean, Eric E. Kinder and Christina S. Terek of Spilman Thomas & Battle represented the casino.

Stewart was represented by Daniel W. Cooper of Cooper & Lepore in Carnegie, Pa., and Jacob M. Robinson, Sr. of Robinson Law Offices in Wheeling.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

CHARLESTON — A former employee is suing NGK Spark Plug MFG., Inc. after she claims she was sexually harassed by other employees.

Manpower of WV, Inc. and Nancy Paxton were also named as defendants in the suit.

In December 2011, Jennifer Fields was employed by NGK through Manpower in NGK’s Sissonville plant, according to a complaint filed Sept. 4 in Kanawha Circuit Court.

Fields claims an employee of NGK, James Baker, made inappropriate comments to her and she reported the incident.

In April, another employee, Brian Brills, also began making inappropriate sexual comments to and around Fields, according to the suit.

Fields claims on April 24, she was called into a meeting with Paxton and two other employees and was asked about her complaints and Paxton said she would talk to the other girls in the building.

Later that evening, Fields received a phone call on her cell phone from a number she did not recognized, according to the suit, and when she returned the call, she was surprised when she learned the caller was Brills.

Fields claims Brills told her she was ruining his life and needed to drop her complaint. She claims he told her he had spoken to the other women who she had told Paxton about and that she had agreed to drop her complaint.

Prior to the call, Fields had never called nor had never been called on her cell phone by Brills and upon returning to work the next day, Fields was met at the entrance to the plant by Brills, who against advised her that she needed to drop the complaint and attempted to give her a hug, according to the suit.

Fields claims she refused to drop the complaint and instead spoke with Manpower about being reassigned.

Later, Fields began receiving harassing notes at her work station, ketchup and hot sauce were put all over her computer screen and hot sauce was put into one of her drinks, according to the suit.

Fields claims on May 13 she found out her employment was terminated.

The defendants created a hostile work environment and the defendants’ conduct violated the West Virginia Human Rights Act, according to the suit.

Fields is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Richard W. Walters and Brian L. Ooten.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 12-C-1784

MORGANTOWN — A woman is suing Superior Ford Lincoln Mercury of Morgantown after she claims she was sexually harassed during her employment.

Ford Motor Company and Gustavo A. Palmar were also named as defendants in the suit.

Brittany E. Nichols was employed by the defendants, according to a complaint filed in Monongalia Circuit Court.

Nichols claims Palmar sexually harassed her and created a hostile and abusive workplace and environment.

On repeated occasions beginning in the summer of 2011 and continuing through July, Palmar committed battery upon and sexually harassed Nichols by his unsolicited and unwelcomed offensive physical contact; his unsolicited and unwelcomed verbal statements of a sexual nature; and his unsolicited and unwelcomed text messages with photographs sent to Nichols, according to the suit.

Nichols claims Palmar’s conduct was negligent, reckless, intentional, willful and outrageous as defined by West Virginia law.

Palmar’s conduct occurred at the Superior Ford Lincoln dealership and while he was under the direct supervision and control of Ford Motor Company and was performing his official duties and working within the scope of his employment as president of Superior Ford Lincoln Mercury, according to the suit.

Nichols claims Palmar’s actions and conduct were observed by fellow employees, agents, servants, joint venture members and representatives of Ford Motor Company and officers of Superior Ford Lincoln Mercury.

Due to Palmar’s pervasive and intolerable actions, which were known to Ford Motor Company and Superior, Nichols was constructively discharged, according to the suit.

Nichols is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by J. Michael Benninger.

Monongalia Circuit Court case number: 12-C-579

HUNTINGTON – Three Toys “R” Us employees are suing the store after they claim they were sexually harassed and sexually exploited by the general manager at its Barboursville location.

Mohammad Roman, the general manager of the Barboursville Toys “R” Us, and an unknown woman and unnamed man were also named as defendants in the suit.

Tania Davis, Stephanie Dailey and Alison Turner are all employees of the Barboursville Toys “R” Us and claim that Roman sexually harassed and exploited them while on the Toys “R” Us premises during their employments, according to three complaints filed Sept. 24 in Cabell Circuit Court.

The plaintiffs claim Toys “R” Us and John Doe were deliberately indifferent to their personal safety and allowed the sexual exploitation to occur.

Toys “R” Us owed a duty to the plaintiffs to provide a safe work environment and to properly hire, train, supervise and retain its managers so as to ensure employees would not be subjected to sexual abuse, sexual harassment or other such conduct while under its employ, according to the suits.

The plaintiffs claim Toys “R” Us negligently breached its duty to provide a safe work environment by failing to see to their safety and breached its duty to properly hire, train, supervise and retain Roman.

Doe and upper-level management of Toys “R” Us were made aware that Roman was sexually exploiting the plaintiffs and failed to intervene on their behalf, knowing exposing them to a hostile work environment, according to the suits.

The plaintiffs claim Roman’s behavior was atrocious, intolerable, so extreme and outrageous to exceed the bounds of decency and so outrageous as to offend community notions of acceptable behavior.

As a result of the defendants’ actions, the plaintiffs have suffered anxiety; humiliation; annoyance and inconvenience; emotional distress; pain and suffering; mental anguish; loss of ability to enjoy life; and present and future medical expenses, according to the suits.

The plaintiffs are seeking compensatory and punitive damages with pre-judgment interest. They are being represented by Michael A. Woelfel.

The cases have been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 12-C-639, 12-C-640, 12-C-641

CHARLESTON – A former employee is suing the West Virginia Department of Transportation-Division of Highways for sexual harassment and gender discrimination.

Melanie Cobb was employed by the defendant in its Elkview branch and performed her duties in a satisfactory manner and met the defendant’s reasonable expectations, according to a complaint filed Nov. 2 in Kanawha Circuit Court.

Cobb claims throughout her employment she was subjected to sexual harassment, a hostile work environment, gender discrimination and reprisal.

The defendant’s actions constituted sexual harassment and/or created a hostile work environment in violation of the West Virginia Human Rights Act, including sexual conversations taking place in the workplace; derogatory comments being made about Cobb’s gender; displaying and/or bringing inappropriate materials in the workplace; and co-workers inappropriately touching each other in the workplace, according to the suit.

Cobb claims she suffered indignity, embarrassment and humiliation.

During Cobb’s employment she applied for other positions within the WVDOT, but, despite being qualified for each position she applied for, she was passed over for each position and men were placed in those positions, according to the suit, which violates the West Virginia Human Rights Act.

Cobb claims because of this, she has suffered lost wages and benefits.

The defendant’s treatment of Cobb was motivated in whole or in part by the fact that she complained that she was being sexually harassed, subjected to a hostile work environment and/or was being discriminated against on the basis of her gender, according to the suit, which constitutes an act of reprisal.

Cobb is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Todd S. Bailess and Joy B. Mega.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-2210