Tina Hughes lawsuit against City
IN THE CIRCUIT COURT OF WOOD COUNTY, WEST VIRGINIA
\
TINA HUGHES,
PLAINTIF'F,
v.
CrfilncrloNNo.:
tS-C_ tZ6
CITY OF PARKERSBURG,
A West Virginia Municipal Corporation,
DEF'ENDANT.
COMPLAINT
Now comes TINA HUGHES, 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:
{'
COUNT
I
(HOSTILE WORK ENVIROMENT/SEXUAL HARRASMENT
1.
The Plaintiff
2.
The Defendant
TINA HUGHES is a resident of Wood County, West Virginia.
GITY oF PARKERSBURG,
a
west virginia Municipal
Corporation is a govemment agency in the City of Parkersburg, Wood County, West
Virginia.
3.
The Plaintiff,
TINA HUGHES,
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 crrY oF PARKERSBURG is
ASHLEY FLOWERS.
6.
The Defendant,
'corporation
CITY OF PARKERSBURG, a.West Virginia MunicipafllED lN
is vicariously liable for the acts of its
employees.
OFFICE
JAN 2 Z A0lI
*gdfgfrEdl?f[f,_,
7.
The Plaintifi TINA HUGHES, works in the Finance Department and is supervised
by the Director of Finance, ASHLdY FLOWERS.
8.
The Plaintiff TINA HUGHES has been an employee for the CITY OF
PARKERSBURG for I years.
9.
For approximately one (1) year the Director of Finanee and the Mayor of phe City
of
Parkersburg have been having inappropriate/unprofessional relationship.
10. During thai time period the
Plaintiff TINA HUGHES
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 Plaintiff,
TINA HUGHES,
has 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 Plaintiff s 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 workphcd to cause the Plaintiff to be intimidated
and for fear ofretaliation ifshe does not consent to the offensive behavior.
14. The Plaintiff,
TINA HUGHES,
has been enduring such offensive behavior for
approximately a year and believes the conduct will continue indefinitely.
15. The offensive behavior/conduct that the
a.
Plaintiffhas been subjected to
are:
Conversations (both violent and sexual in nature) between the Finance Director
and the Mayor.
b. fhotographs (nude of both the Finance Director and Mayor)
c. Videos (of sexual nahre 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
II
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
17. The Ptaintiff,
TINA HUGHES, 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 negligence
will continue to suffer the infliction of emotional
distress (i.e.
lack of sleep, stress, physical illness, humiliation, and fear.of retaliation if she did not
participate, etc.)
COUItrilI
(INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS)
20. The Plaintiff, TINA HUGHES, hereby adopts and incorporates the averments
contained in paragraphs 1 through 19 as fully set forth herein.
21.The Director of Finance and supervisor of the Plaintiff, TINA HUGHES, has
intentionally subjected the Plaintiff to offensive and humiliating behavior.
22. Asa 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. The Defendant, CITY OF PARKERSBURG, a
'West
Virginia Municipal
Corporation has knowning failed to remedy the situation knowing that said pattern
ofconduct has been persistent.
COUNT
IV
(OUfRAGE)
24.The Plaintifl TINA HUGHES, hereby adopts and incorporates the averments
contained in paragraphs 1 through 23 as firlly det
forthherein.-
1
.
25.Thatthe Defendant, CITY OF PARKERSBIIRG, a West Virginia Municipal
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 substantially certain emotional distress would result from its
conduct;
27.That the actions of the Defendanl, CITY OF PARKERSBURG' a West Virginia
Municipal Corporation
caused the
Plaintiff, TINA HUGHES to suffer emotional
distress; and
28. That the emotional distress suffered by the
Plaintif[ TINA HUGHES 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 Plaintiffhas and will continue to suffer from lack of sleep, stress,
physical illness, humiliation, and fear of retaliation
if
she did not participate, etc.
COT]NT V
(NEGLIGENT SUPERVISION/TRAINING)
30. The
Plaintifl TINA HUGHES, hereby adopts
and incorporates the averments
contained in paragraphs 1 through 29 as fully set forth herein.
31. The Defendant,
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
supervisor'by the Defendant' CITY OF
32. Asa direct and proximate cause of negligent
PARKERSBURG,aWestVirginia,MunicipalCorporationthePlaintiflTINA
stress, physical illness,
I{UGIIES has and will continue to suffer from lack of sleep,
humiliation, and fear of retaliation
if
she did not participate, etc'
a We$t Virgi-nia Munieiga-l
33. The Defendant CITY OF PARKERSBURG'j,
negligently trained its employees in workplace harassment/dffensive
Corporation
conduct.
a'west
34. The Defendant, CITY OF PARKERSBURG,
virginia Municipal
CorporationnegligenttrainingpermittedtheMayorofParkersburgandtheDirector
ofFinancetosubjectthePlaintiff,TINAHUGIIEStounwanted'offensiveand
humilitY conduct.
CITY OF PARKERSBURG' a
35. As a direct and proximate cause of the Defendant,
training/supervision the Plaintiff'
West Virginia Municipal Corporation negligent
TINAIrUGHES,hasandwillcontinueto,sufferfromlackofsleep,Stress,physical
illness, humiliation, and fear of retaliation
COUNT
ifthe did not participate' etc'
VI
(PUNITIVE DAMAGES)
36.ThePlaintiff,TINAHUGHES,herebyadoptsandincorporatestheaverments
set forth herein'
contained in paragraphs I through 35 as fully
37
. TheDefendant, CITY OF PARKERSBURG,
a
west virginia Municipal
Corporationconductissooutrageousandiswitlfrrllwantonandisinreckless
disregardforthehealthandsafetyofitsemployeesthatthePlaintiff'TINA
HUGHES is entitled to punitive damages'
this Complaint be filed
WHEREFORE, the plaintiff, respectfully demands that
judgment for compensatory damages
and proper process issue; that she be granted
West Virginia Municipal Corporation,
the Defendant, CITy oF PARKERSBURG, a
against
and damages set forth herein; pre-judgment
in a sum sufficient to compensarahc*-fc her injuries
that the Plaintiff, TINA IIUGHES be granted
and post-judgment interest; all costs thereon;
OF PARKERSBURG' a West
judgment for punitive damages against the Defendant, CITY
Virginia Muqicipal Corporation in a reasonable amount plus prbjudgment
and postjudgment
interest therein; attorney's fees and costs thereoh; and that she be granted further relief as the
nature of her case may require.
THIS PLAINTIFF DEMANDS TRIAL BY JURY
TINA HUGHES
.
625
MERRIMAII, JR #7200
Market Street
Parkersburg, I{V 26101
304-422-8055
Counsel for Plaintiff
t'
r!!l
i5
YERIFICATION
f
STATE OF WEST VIRGINIA
COUNTY OF WOOD, to-wit;
I, TINA HUGHES, Plaintiffnamed in the foregoing Complaint, t"irrg first duly sworn,
deposes and says 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.
Taken,subscribed
(u
)>Yq
and sworn t before the undersigned authority, this thc-l/' day of January,
20t5
Mycommissionexpir
*' [Vl,,rL[i ;),2 .'4'J0
OFFICIALSEAL
t{otary Pu6lh, state of west Virginia
SHERRY OSBURN
625 ilarket Street
Parkersburg' VW 2610'l
lly conmission erPircs Metth
23' 2020
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