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

HUNTINGTON – A former employee is suing Tri-State Medical Center after she claims a physician sexually harassed her.

Area Health Systems Inc. is doing business as Tri-State Medical Center. Dr. Gregory Chaney was also named as a defendant in the suit.

Nicole Stevens was hired as a medical assistant with the defendants in 2011, according to a complaint filed July 11 in Cabell Circuit Court.

Stevens claims Chaney’s sexual harassment began in December, after a Christmas party hosted by Tri-State.

In the days and months following the Christmas party, Chaney began continuously demanding that Stevens come alone to his private office at Tri-State to “meet” with him, according to the suit.

At one of the meetings, Chaney offered Stevens money to buy a camera so that he could take pictures of her and she refused the offer to Chaney, according to the suit.

Stevens claims Chaney continued to constantly demand that Stevens come to his private office and she was forced to comply in fear of losing her job.

Chaney’s sexual harassment escalated and he sent her text message requesting that she meet him at local hotels or other venues for a proposed sexual encounter, which she refused, according to the suit.

Stevens claims Chaney groped her, forcefully attempted to kiss her and pulled her onto his lap, which she would continually tear herself away and immediately exit his office.

Chaney’s actions caused Stevens to suffer severe anxiety and emotional distress and caused her to fear that her refusal to sexually engage with Chaney would result in her dismissal from her position with Tri-State, according to the suit.

Stevens claims on Feb. 27, Chaney implored her to engage in sexual activity with him at a local hotel and when she refused, she received a text message instructing her no to come to work.

The next week, Stevens received a letter dated March 4 from Tri-State informing her that she had been terminated from her employment position, according to the suit.

Stevens claims the defendant violated the West Virginia Human Rights Act by discriminating her based on her gender.

The defendants’ actions were willful, wanton and carried out with reckless disregard for the legal rights of Stevens, according to the suit.

Stevens is seeking compensatory and punitive damages. She is being represented by Sean W. Cook of Meyer Ford Glasser & Radman PLLC.

The case has been assigned to Circuit Judge Paul T. Farrell.

Cabell Circuit Court case number: 13-C-479

Stroebel

CHARLESTON – A sexual harassment lawsuit against the West Virginia Department of Health and Human Resources filed by a case worker has been settled and dismissed.

Robert Cramer, a case worker for the WVDHHR, was also named as a defendant in the suit.

On Sept. 5, an Order of Dismissal was filed in Kanawha Circuit Court.

Stacy Myers and the defendants represented to the court that all matters between the parties had been settled and compromised and they jointly moved the court to dismiss the matter with prejudice, according to the dismissal order.

Myers was receiving benefits from various WVDHHR programs and was assigned Cramer as her case worker, according to a complaint filed May 13, 2011, in Kanawha Circuit Court.

Myers claimed during a meeting with Cramer, he asked her to expose her breasts and she felt pressure to comply or risk losing her benefits.

At the time of the event, Myers was attempting to obtain certain benefits and did not have all the necessary paperwork, according to the suit.

Myers claimed the defendants’ actions caused her emotional and mental distress.

Cramer’s request was “outrageous given his position of authority and a clear breach of his duty and responsibility to plaintiff,” the complaint stated.

Myers claimed the WVDHHR had a duty and responsibility to prevent such conduct by its employees.

The defendants were negligent and breached their duties to provide benefits without subjecting Myers to sexual advances, according to the suit.

Myers was seeking compensatory damages with pre- and post-judgment interest. She was being represented by Paul M. Stroebel of Stroebel & Johnson PLLC.

The WVDHHR was represented by Edgar Allen Poe Jr. of Pullin, Fowler, Flanagan, Brown & Poe PLLC. Cramer was represented by Perry W. Oxley of Anspach Meeks Ellenberger LLP.

The case was assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-780

Miller

WINFIELD – A former employee is suing Alpha Technologies after she claims she was sexually harassed by another employee.

Ron Deeds, an employee of Alpha, was also named as a defendant in the suit.

Heather Lang was employed by Alpha as an account executive from April 1, 2011, until July 6, 2012, according to a complaint filed July 3 in Putnam Circuit Court.

Lang claims during her employment with Alpha, it fostered a hostile work environment and allowed a hostile work environment to exist, including acts of sexual harassment by Alpha’s male employees toward female employees.

During Lang’s employment, Deeds began sexually harassing her at work, according to the suit.

Lang claims when she complained to Alpha about the wrongful and unwelcome conduct, Alpha took no action whatsoever to correct the situation.

Because of her complaints about sexual harassment, Lang’s employment was wrongfully terminated by Alpha, according to the suit.

Lang is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Robert H. Miller II and Shawn R. Romano of Romano & Associates PLLC.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 13-C-218

Whiteaker

CHARLESTON – A former employee is suing Employee Resource Group after he claims he was sexually harassed.

Greg Wolfe was also named as a defendant in the suit.

Joey Barnett began his employment with ERG in 2008 as a bartender, according to a complaint filed July 10 in Kanawha Circuit Court.

Barnett claims he never received a raise he was supposed to receive and Wolfe sexually harassed him.

Wolfe “also rubbed his genital area up against Mr. Barnett and slapped Mr. Barnett on his rear end on multiple occasions,” according to the suit.

Barnett claims Wolfe interfered with his right to work in an environment free of sexual abuse and harassment.

Wolfe’s discriminating and harassing conduct was ongoing and continuous, according to the suit.

Barnett claims despite numerous calls to ERG’s complaint hotline, nothing was ever done about Wolfe’s sexual harassment.

The defendants violated the West Virginia Human Rights Act and breached their contract with Barnett, according to the suit.

Barnett is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Kristina Thomas Whiteaker and David L. Grubb of the Grubb Law Group.

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

Kanawha Circuit Court case number: 13-C-1295

Kanawha County Courthouse

CHARLESTON – A former employee is suing Shorest 1450 LLC after she claims she was sexually harassed by another employee.

Bobby Moss; Shorest 1104 LLC; Shorest 1107 LLC; Shorest 1120 LLC; Shorest 1114; Rory Smith; and Shorest 1423 LLC were also named as defendants in the suit.

Scarlet Hypes was employed by Shorest 1450 to work as a waitress and to perform certain other tasks in the dining room and kitchen, according to a complaint filed July 8 in Kanawha Circuit Court.

Hypes claims during her employment she was sexually harassed by Moss.

Despite being put on notice of the hostile work environment and sexual harassment of Moss, the defendants failed to take reasonable measures to remedy and prevent the hostile work environment and sexual harassment, according to the suit.

Hypes claims the defendants allowed and acquiesced in sexually explicit conduct, sexual harassment, unlawful touching, hostile work environment and inappropriate sexual conduct in the workplace.

The defendants violated West Virginia code and public policy, according to the suit.

Hypes is seeking compensatory and punitive damages. She is being represented by David R. Barney Jr. of Thompson Barney and John W. Alderman III.

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

Kanawha Circuit Court case number: 13-C-1285

Auvil

CHARLESTON – A former employee is suing Casto Technical Services Inc. after she claims she endured sexual harassment by her supervisor.

Chastity R. Crihfield was employed by Casto from October 2002 until Dec. 11, according to a complaint filed July 22 in Kanawha Circuit Court.

Crihfield claims she was sexually harassed during her employment.

From 2006 until 2010, Tom Epps was Crihfield’s supervisor and during her employment he subjected her to repeated incidents of sexual abuse, including grabbing her buttocks and breasts, according to the suit.

Crihfield claims Joe Linville, another Casto employee, also sexually harassed her.

When Crihfield complained about Linville, she was told to quit complaining and document Linville’s actions, according to the suit.

Crihfield claims the defendant failed and refused to take action to protect her against the hostile work environment.

The defendant’s failure to take reasonable steps to correct the actions and conduct created an intolerable environment, thereby constructively discharging Crihfield from her employment, according to the suit.

Crihfield is seeking compensatory damages. She is being represented by Walt Auvil of Rusen & Auvil PLLC.

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

Kanawha Circuit Court case number: 13-C-1360

Michael Woelfel

HUNTINGTON – A former employee is suing Bob Evans Farms LLC after she claims she was sexually harassed and sexually exploited by a co-worker.

Charles Pennington, Christopher Powell and John Doe were also named as defendants in the suit.

Samantha Meadows was employed at Bob Evans and claims she was sexually harassed and sexually exploited by Pennington on store premises, according to a complaint filed Aug. 16 in Cabell Circuit Court.

Meadows claims on multiple occasions, Pennington made sexually exploitive comments toward her of an outrageous and grossly indecent nature.

Pennington, on multiple occasions, imposed his body against Meadows’ body in an obscene manner “in an attempt to satisfy his prurient interests and lascivious desires,” according to the suit.

Meadows claims Pennington utilized his position of authority over her attempting to coerce sexual favors from her.

The defendants negligently breached their duty to exercise due care in its hiring of Pennington, negligently retained Pennington, negligently failed to train him, negligently supervised him and negligently failed to protect Meadows from a violation of her statutory and protections in violation of the West Virginia Human Rights Act, according to the suit.

Meadows claims the defendants retaliated against her for making complaints against Pennington.

The defendants’ actions caused Meadows anxiety; humiliation; annoyance and inconvenience; emotional distress; pain and suffering; mental anguish; loss of ability to enjoy life; medical expenses; and other damages, according to the suit.

Meadows is seeking compensatory and punitive damages. She is being represented by Michael A. Woelfel and Matthew J. Woelfel of Woelfel & Woelfel LLP.

The case has been assigned to Circuit Judge Paul T. Farrell.

Cabell Circuit Court case number: 13-C-580

Redman

CHARLESTON – The woman in charge of the office that handles claims against state agencies is accused of creating a hostile work environment by a former employee.

Cheryle M. Hall is named as a defendant in a five-count sexual harassment/wrongful discharge suit by Melissa Fleming. In her complaint filed Aug. 19 in Kanawha Circuit Court, Fleming, 40 and a Chapmanville resident, alleges Hall – 68, a Charleston resident and clerk of the West Virginia Court of Claims – not only made “crude and lurid comments of a sexual nature” to and about Fleming when she worked at the court as a paralegal, but also accused her of conspiring with one of her superiors to get her fired.

An arm of the state Legislature, the court hears claims for damages made against state agencies. It also oversees the Crime Victims Compensation Fund.

According to her suit, Fleming went to work for the court in October 2008. Over the next three years, she alleges Hall made comments about her that “were neither allowed, invited nor wanted.”

Those include on an unspecified date, Hall telling one of Fleming’s co-workers that if she wasn’t interested in her boyfriend anymore “I am sure Melissa does, we all know how she is.” Also, Hall allegedly said to other court employees “all Melissa is interested in is (penis).”

Furthermore, Fleming says after she returned from a seminar in Cleveland later than everyone else, Hall said “she wasn’t surprised, I know what she is up to.’”

According to the suit, Fleming on an unspecified date informed the three judges who hear the cases that Hall unilaterally changed an order awarded to a motorcyclist. Hall decreased the award by half, Fleming says, because she does “not like motorcycle riders.”

When she found out about that, Fleming says Hall “retaliated against [her] on a daily basis by humiliating her in front of her co-workers, screaming at [her] in Hall’s office and reducing her workload.” Also, Fleming alleges Hall began circulating rumors that she was “a spy” for Aaron Allred, manager and auditor of the Legislative Auditor’s Office, who Hall believed “wanted to get rid of [her].”

In her suit, Fleming claims “due to the stress of working under Hall, [she] was forced to resign her position on Aug. 19, 2011.” As a result, Fleming says she took a pay cut in accepting her new job.

In addition to lost wages, Fleming alleges she suffered “emotional distress [and] embarrassment” as a result of Hall’s conduct. Along with ones for sexual harassment and wrongful discharge, Fleming makes claims against Hall for both negligent and intentional infliction of emotional distress and violation of the state Human Rights Act.

She is represented by Charleston attorneys Trent A. Redman and Michael Payne. The case is assigned to Judge Carrie M. Webster.

Kanawha Circuit Court case number 13-C-1569

Hughes

CHARLESTON — A lawsuit brought by a former employee who claimed she was sexually harassed by Blizzard Custom Cycle Supply’s CEO was settled and dismissed last year.

On Jan. 30, 2012, a Dismissal Order was filed in Kanawha Circuit Court.

“The Court has been informed that all matters in controversy have been compromised and settled between…Beverly Eikler and…Blizzard Custom Cycle Supply and Ron Blizzard…” the dismissal order states.

The parties jointly moved the Court for dismissal of the action with prejudice.

Eikler was employed by the defendant from May 13, 2010, until May 27, 2010, as an office assistant, according to a complaint filed May 19, 2011, in Kanawha Circuit Court.

Eikler claimed Ron Blizzard, the CEO of the company, subjected her to sexual harassment and created a hostile work environment.

On multiple occasions, Blizzard would touch Eikler and made sexually suggestive comments, according to the suit.

Eikler claimed Blizzard Custom Cycle Supply failed to correct the sexually harassing environment.

Due to the continued and constant sexual harassment and lack of action by the defendant, Eikler found the environment to be so hostile and intolerable that she was forced to leave the employment, according to the suit.

Eikler was seeking compensatory and punitive damages. She was being represented by Maria Hughes of Hughes & Goldner.

The defendants were represented by Charles F. Johns of Steptoe & Johnson PLLC.

The case was assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-811

Heavens

CHARLESTON – A woman is suing Hope Clinic after she claims she was sexually harassed and sexually abused by a physician.

Dr. John Pellegrini and the ERX Group LLC were also named as defendants in the suit.

Billie Jo Smith was a patient of the defendants and was sexually harassed and sexually abused by Pellegrini, according to a complaint filed Aug. 21 in Kanawha Circuit Court.

Smith claims Hope and ERX negligently allowed the conduct to occur.

Hope and ERX owed a duty to exercise reasonable care with respect to hiring, retention and supervision of Pellegrini and see that patients were not subjected to sexual abuse, sexual harassment or other such inappropriate conduct while undergoing medical treatment from Pellegrini, according to the suit.

Smith claims Hope and ERX knew or should have known that Pellegrini had previously failed to comply with the ethical standards required of a medical provider.

Pellegrini was also sued in 2011 over similar claims.

Smith claims Hope and ERX were on notice for the inherent risks of exposing female patients to the care of Pellegrini. However, despite such risks, the defendants knowingly placed Smith at risk of abuse, the suit says.

As a direct and proximate result of the conduct, Smith suffered anxiety; humiliation; annoyance and inconvenience; invasion of privacy; emotional distress; pain and suffering; mental anguish; loss of her ability to enjoy life; future medical expenses; and other damages, according to the suit.

Smith is seeking compensatory and punitive damages. She is  being represented by Christopher J. Heavens of Heavens Law Firm PLLC and James D. McQueen Jr. of McQueen Davis PLLC.

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

Kanawha Circuit Court case number: 13-C-1586

Jackson County Courthouse

RIPLEY – A Jackson County woman is accusing her former employer of enabling a serial sexual harasser.

The McDonald’s franchise in Fairplain is named as defendant in a sexual harassment suit filed by Johnna Dyke. In her complaint filed Aug. 22 in Jackson Circuit Court, Dyke, 37 and a Ripley resident, alleges the franchise owners and management not only failed to take action against a male co-worker who repeatedly harassed her, but were also aware of previous allegations made against him at another location.

According to the suit, Dyke was hired full-time at the McDonald’s in September 2012. His job duties and title are not specified.

On June 19, Dyke alleges a co-worker named “Donald” inquired “did your nipples get hard” upon her leaving the freezer area. After reporting the incident, Dyke says her supervisor, identified by the initials N.F., instructed her to let the manager, identified by the initials B.S., know about it when he came in.

According to the suit, management took no action against “Donald” or conducted any sort of investigation.

Prior to N.F.’s arrival, Dyke alleges “Donald” snuck up behind her while she was bent over and put his leg into her private area. The incident, she says, was both caught on video and witnessed by at least one other employee.

On an unspecified date, Dyke says she met with a woman named “Patricia” and a man named “Kevin” who she was informed were from McDonald’s district human resources department. In the course of the meeting, she says “Patricia” and “Kevin” dismissed the incidents.

According to the suit, during the same meeting, “Patricia” inquired if Dyke wore a bra, and said that if she and “Donald” did not resolve their differences, she would be fired. In exchange for her reluctant agreement, Dyke says a manager named “Trevor” said he would work her and “Donald” during different shifts.

However, Dyke avers she and Donald continued to work on the same shifts. While working together, Dyke says she not only had to endure “Donald” leering at her, but also making “offensive hand communications.”

On an unspecified date after the June 19 encounter with “Donald”, Dyke says she learned he “engaged in similar conduct at a neighboring McDonald’s restaurant.” Despite the warning of a employee named “Chris” who was familiar with his conduct, Dyke says “Donald” was transferred to the Fairplain location.

According to the suit, Dyke resigned from McDonald’s on July 1 after “Patricia” found out she discussed her encounters with “Donald” with an attorney and openly questioned her about it.

In her suit, Dyke seeks unspecified damages. She is represented by Charleston attorney Henry E. Wood III.

The case is assigned to Judge Thomas C. Evans III

Jackson Circuit Court, case number 13-C-97

Cabell County Courthouse

HUNTINGTON – Eight lawsuits have been filed against HealthSouth Corporation for alleged sexual harassment by a fellow co-worker.

Todd Gillette was also named as a defendant in the suit.

Tammy Banks, Danielle Burke, Rebecca Fotos, Bethany Huff, Alice Jenkins, Toni Little, Erin McCoy and Wendy Percy were employees of HealthSouth and each of the plaintiffs had to work with Gillette until his employment was terminated in May or June, according to eight complaints filed Sept. 13 in Cabell Circuit Court.

The plaintiffs claim Gillette took liberties with their bodies by improperly touching and rubbing them against their will and contrary to their requests to stop.

Gillette’s actions were severe, pervasive and unwelcome, according to the suit, and Gillette would make comments, gestures and physical touching or assaults daily to some or all of the plaintiffs and in front of and to his supervisors, according to the suits.

The plaintiffs claim even when Gillette would commit acts of a lewd and sexual nature to his own supervisor, he was not reprimanded.

“The comments and actions are so obscene and shocking that they are not being published in this complaint,” the complaint states.

The plaintiffs claim Gillette would warn them not to tell, that he could get away with anything, that the supervisor was wrapped around his finger, that he could do whatever he wanted and he threatened to kill the plaintiffs, their children or burn their houses down.

When any incident involving Gillette was reported to management of HealthSouth, the plaintiffs were told it was just the way Gillette was and that allegations without proof should not be made, according to the suits.

The plaintiffs claim Gillette’s actions grew bolder, more obscene and became more physically abusive due to the failure of HealthSouth to take any action against him.

Gillette’s conduct was extreme, outrageous, reckless and with the intent of causing the plaintiffs severe emotional distress, according to the suits.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by Amy C. Crossan and Neil R. Bouchillon of Bouchillon, Crossan & Colburn LC.

The cases have been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case numbers: 13-C-668, 13-C-669 13-C-670, 13-C-671, 13-C-672, 13-C-673, 13-C-674

CHARLESTON – A lawsuit filed by a Fayette County woman and former B&F Foods Inc. employee has been dismissed.

ShoRest 1102, LLC; John Watts; and Denise Biafore were also named as defendants in the suit. B&F Foods, Inc. is doing business as Shoney’s of Quincy.

On Sept. 11, an Order of Dismissal was filed in Kanawha Circuit Court.

The plaintiff and B&F Foods and ShoRest voluntarily dismissed Watts and Biafore and informed the court that the plaintiff’s claims have been compromised, according to the dismissal order.

“(I)t is the order and judgment of this Court that all claims in this Civil Action be dismissed with prejudice,” the order states.

Misty D. Prevatte began working for Shoney’s in February 2005 and Watts was her supervisor, according to a complaint filed July 17, 2012, in Kanawha Circuit Court.

Prevatte claimed during her employment Watts would routinely rub her back, play with her hair and touch her neck, shoulders, hips and breasts.

Watts also would routinely make comments about female customers and would routinely zoom in with security cameras inside Shoney’s on various body parts of female customers, according to the suit.

Prevatte claimed Watts would make sexual comments to and/or about her, but she tolerated his sexual advances because Watts would give preferential treatment to those female servers who did.

In 2010, Prevatte confronted Watts and told him the comments and overtures were unwanted, but he continued, according to the suit.

Prevatte claimed later that year she went to manager Shirley Dillard about the sexual harassment, who advised her she was attempting to handle the situation.

When Watts took over as general manager of the restaurant and Prevatte declined to engage in a sexual relationship with him, Watts decreased Prevatte’s from $10 per hour to $8.25 per hour, according to the suit, and on several occasions, she was denied time off from work for obligations regarding her family and children, while other employees were granted entire weekends off for sports events.

Prevatte claimed on May 31, 3011, she fell over some mats at work and injured her right knee, so she went to Urgent Care and was placed on light duty for one week.

When Prevatte took her light duty paperwork to Shoney’s, she was informed that there was no light duty work for her and she could not return to work for one week, according to the suit.

Prevatte claimed on June 7, 2011, she had a follow-up appointment and was released to work with a brace.

On July 25, 2011, one of Prevatte’s co-workers came up behind her and intentionally kneed her in her injured knee, causing her to lose her balance and strike the floor with her injured knee and she was forced to seek medical attention as a result of the re-injury to her knee, according to the suit.

Prevatte claimed she was placed on light duty work again, but was again told by Shoney’s there was no light duty work for her to do.

After about two weeks off work, Prevatte received a letter from Biafore advising her that Shoney’s had light duty work and she did not know why she was not working and when Prevatte spoke with Biafore, Biafore accused her of refusing to work and working under the table.

Prevatte claimed Biafore spread rumors that she was guilty of welfare fraud, which resulted in delaying her workers’ compensation benefits and as a result of the false statements, Prevatte was unable to make house payments, lost her home and was forced to move out of state to avoid becoming homeless.

The defendants improper and illegal conduct constituted sex discrimination and/or quid pro quo sexual harassment in violation of the West Virginia Human Rights Act, according to the suit.

Prevatte was seeking compensatory and punitive damages. She is being represented by Matthew S. Criswell, Mark L. French and Steven M. Condaras of Criswell French Condaras PLLC.

The defendants were represented by Shannon H. Paliotta of Littler Mendelson PC.

The case was assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-1393

Wayne County Community Services Organization

WAYNE – An Ohio woman is suing Wayne County Community Services Organization Inc. after she claims she was retaliated against for reporting sexual harassment.

Susan K. Jarrell was employed by the defendant as a registered nurse case manager and, during her employment, performed her duties in a satisfactory manner and met the defendant’s reasonable expectations, according to a complaint filed Sept. 13 in Wayne Circuit Court.

Jarrell claims she and others were subjected to sexual harassment/hostile work environment by a management employee of the defendant.

The employee, among other things, “would make repeated inappropriate comments of a sexual nature at work, would view pornography on his work computer which was visible to other employees and would make unwelcome sexual advances toward employees of the defendant,” according to the complaint.

Jarrell claims the improper conduct had “the purpose or effect of unreasonably interfering with the plaintiff’s work performance and/or created an intimidating, hostile or offensive working environment.”

After notifying the defendant of the employee’s sexual harassment/hostile work environment, Jarrell’s employment was terminated, according to the suit.

Jarrell claims the defendant’s actions were willful, wanton, malicious and/or undertaken with reckless disregard and/or reckless indifference to her rights.

The defendant’s actions violated the West Virginia Human Rights Act and violated West Virginia code, according to the suit.

Jarrell is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson & Polak PLLC.

The case has been assigned to Circuit Judge Darrell Pratt.

Wayne Circuit Court case number: 13-C-186