Stephanie Boone lawsuit against City
rN THE CTRCUIT COURT OF WOOD COUNTY, WEST VIRGINTA
\
STEPHAME BOONE,
PLAINTIFF.
v.
CIY.IL ACTION NO.: 15-C-
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CITY OF PARKERSBURG,
A West Virginia Municipal Corporation,
DEFENDANT.
COMPLAINT
Now comes STEPHANIE BOONE, Plaintiff by and through their counsel WILLIAM
O. MERRIMAN, JR., and for their
Complaint against
the Defendant CITY
OF
PARKERSBURG, a West Virginia Municipal Corporation states as follows:
q
COUNT
I
fiOSTILE WORK ENVIROMENT/SEXUAL HARRASMENT
1
.
The Plaintiff STEPHANIE BOONE is a resident of Wood County, West Virginia.
2. The Defendant CITY OF PARKERSBURG, a West Virginia
Corporation is
a government agency in the
Municipal
City of Parkersburg, Wood County, West
Virginia.
3. The Plaintiff, STEPHANIE
BOONE, has been and continues to be employed by the
Defendant, CITY OF PARKERSBURG a West Virginia Municipal Corporation.
4. The elected Mayor of the City of Parkersburg is ROBERT D. NEWELL.
5. The Director of Finance for the Defendant CITY OF PARKERSBURG is
ASHLEY FLOWERS.
6. The Defendant, CITY OF PARKERSBURG,
a West
Virginia Municipal
Corporation is vicariously liable for the acts of its employees.
FILED IN OFFICE
JAN 2 7
CAROLE
2015
IONES-.
cutni<"ctniuit count
7. The Plaintiff, STEPHANIE
BOONE, works in the Finance Department and is
ASIILEY FLOWERS.
supervised by the Director of Finapce,
8.
The Plaintiff
STEPHAI\IE BOONE
has been an employee for the
CITY
OF'
PARI(ERSBIJRG for 23 years.
9. For approximately
one (1) year the Director gf Finance and the Mayor of the City
of
Parkersburg have been having inappropriate/unprofessional ielationship,'
10. During that time period the
Plaintifi STEPHANIE BOONE
has been subjected
(during work hours and after) to numerous unwanted conversations regarding the
relationship between the Director of Finance and the Mayor.
11. The
Plaintifl STEPHANIE BOONE, ha3 been
subjected to behavior in the
workplace that is unwelcomed and offensive to her as a female employee.
12. Such unwelcomed and offensive behavior has been pervasive and consists of a pattern
that is prevalent and disrupts the PlaintifPs ability to perform her job.
13. Said offensive behavior is to such a degree that
it is severe enough to cause disruption
beyond a reasonable degree in the workplape to cause the Plaintiff to be intimidated
and for fear of retaliation
14. The
if
she does not consent to the offensive behavior.
Plaintifl STEPHANIE BOONE,
has been enduring such offensive behavior
for
approximately ayear and believes the conduct will continue indefinitely.
15. The offensive behavior/conduct that the Plaintiffhas been subjected to are:
a.
Conversations (both violent and sexual in nature) between the Finance Director
and the Mayor.
b.
c.
Photographs (nude of both the Finance Director and Mayor)
Videos (of sexual nature of the Mayor and the Mayor and Finance Director, etc)
16. As a direct and proximate cause of such offensive behavior the
Plaintiff has been
physically ill, sustains tremendous stress, loss of sleep, inability to work at the
workplace, humiliation and fear of retaliation if she did not participate as well as
other damaging consequences.
COUNT
NEGLIGENT INFLICTION
17. The
OF'
II
EMOTIONAL DISTRESS
Plaintiff, STEPHANIE BOONE, hereby adopts and incorporates the averments
contained in paragraphs 1 through 16 as fully set forth herein.
18. The Defendant,
Corporation
CITY OF PARKERSBURG,
a West
Virginia Municipal
has negligently failed to supervise and protect the
Plaintiff and other
employees from such offensive behavior thereby allowing the Plaintiff to be exposed
to such behavior.
19. As a direct and proximate cause of the
the Plaintiff has and
CITY OF PARKERSBURG'S
will continue to suffer the infliction of emotional
negligence
distress (i.e.
lack of sleep, stress, physical illness, humiliation, and fear of retaliation if she did not
participate, etc.)
coUNTrrr
(INTENTIONAL INFLICTION
OF'
EMOTIONAL DISTRESS)
20. The Plaintiff, STEPHANIE BOONE, hereby adopts and incorporates the averments
contained in paragraphs
I through 19 as fully
set forth herein.
21. The Director of Finance and supervisor of the Plaintiff, STEPHANIE BOONE, has
intentionally subjected the Plaintiff to offensive and humiliating behavior.
22. As a direct'and proximate cause being intentionally subjected to such offensive and
humiliating conduct the Plaintiff has and will continue to suffer from lack of sleep,
stress, physical illness, humiliation, and fear of retaliation
if
she did not participate
etc.
23.T\e Defendant, CITY OF PARKERSBURG,
a West
Virginia Municipal
Corporation has knowning failed to remedy the situation knowing that said pattem
of conduct has been persistent.
COT]NT
IV
(OUTRAGE)
24. The Plaintiff STEPHANIE BOONE, hereby adopts and incorporates the averments
contained in paragraphs
I
through 23 as fully set forth herein.
25.T\atthe Defendant, CITY OF PARKERSBURG, a West Virginia M\rnicipal
Corporation conduct was atrocious, intolerable, and so extreme and outrageous
as
to
exceed the bounds ofdecency;
26.That the Defendant, CITY OF PARKERSBURG, a West Virginia Municipal
Corporation acted with the intent to inflict emotional distress, or acted recklessly
when it was certain or substantiallv certain emotional distress would result from its
conduct;
!
27.That the actions of the Defendant, CITY OX'PARKERSBURG, a West Virginia
Municipal Corporation.caused the Plaintifl STEPHANIE BOONE to suffer
emotional distress:
and
{'
28. That the emotional distress suffered by the Plaintiff,
STEPHANIE BOONE was
so
severe that no reasonable person could be expected to endure it.
29. As a direct and proximate cause being intentionally subjected to such offensive and
humility conduct the Plaintiff has and will continue to suffer from lack of sleep, stress,
physical illnesd, humiliation, and fear of retaliation if she did not participate, etc.
COTINT V
NEGLIGENT SUPERVISION/TRAINING)
30. The Plaintiff, STEPHANIE BOONE, hereby adopts and incorporates the averments
contained inparugraphs
31. The Defendant,
I through2g
as
fully
set forth herein.
CITY OF PARKERSBURG,
a West
Virginia Municipal
Corporation negligently supervised its employees thereby allowing
offensive and humiliating conduct to be made to the Plaintiff.
a pattern
of
32. As a direct and proximate cause of negligent supervisor by the Defendant,
CITY OF
PARKERSBURG, a West Virginia Municipal Corporation the Plaintiff,
STEPHANIE BOONE has and will continue to suffer from lack of sleep, stress,
physical illness, humiliation, and fear of retaliation if she did not participate, etc.
33. The Defendant CITY OF PARKERSBURG'S, a West Virginia Municipal
Corporation negligently trained its employe.r-in Sorqlaee harassmerit/offensive
conduct.
34. The Defendant,
CITY OF PARKERSBURG,
a West
Virginia Municipal
Corporation negligent training permitted the Mayor of Parkersburg and the Director
of Finance to subject the Plaintifl STEPIIANIE BOOIYE to unwanted, offensive
and
humility conduct.
35. As a direct and proximate cause of the Defendant,
CITY OF PARKERSBURG,
a
West Virginia Municipal Corporation negligent trainiirg/supervision the Plaintiff,
STEPHANIE BOONE, has and will continue to suffer from lack of sleep, stress,
physical illness, humiliation, and fear of rertaliation if she did not participate, etc.
COUNT VI
GT]NITIVE DAMAGES)
36. The Plaintiff, STEPHANIE BOONE, hereby adopts and incorporates the averments
contained in paragraphs 1 through 35 as fully set forth herein.
37. The Defendant, CITY OF PARKERSBURG, a West Virginia Municipal
Corporatjon conduct is so outrageous and ts willfull wanton and is in reckless
disregard for the health and safety of its employees that the Plaintiff,
STEPHAIIIE
BOONE is entitled to punitive damages.
WHEREFORE, the Plaintiff, respectfully demands that this Complaint be filed
and proper process issue; that she be granted judgment for compensatory damages
-'
against the Defendant,
CITY OF PARKERSBURG,
a West
Virginia Municipal Corporation,
in a sum sufficient to compensate her for her injuries and damages set forth herein; pre-judgment
and post-judgment interest; all costs thereon; that the
Plaintiff, STEPHANIE BOONE be
granted judgment for punitive damages against the Defendant,
CITY OF PARKERSBURG,
a
West Virginia Municipal Corporation in a reasonable amoun! plus prejudgment and
postjudgment interest therein; attorney's feesoand costs thereon; And that she be granted further
relief as the nature of her case may require.
TITIS PLAINTIF'F DEMANDS TRIAL BY JURY
STEPHANIE BOONE
304-422-80ss \
Counsel for Plaintiff
f:t
lr
s
VERIF'ICATION
l
STATE OF WEST VIRGINIA
COLINTY OF WOOD,
to-wit;
i
I
I, STEPHANIE BOONE, Plaintiff named in the foregoing Complaint, being,fiist duly
sworn, deposes and sgys that the statements and allegations made in said Complaint are true and
correct, except insofar as they are therein made upon information and belief, he believes them to
be true.
STEPHAfiIIE BOONE
d
,.1
q
Taken ,subscribed and sworn t before the undersigned authority, this
2015
.,1
My commission expires:
SEAL
thxJJ_day
^nQl, of January,
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