IN THE CIRCIIIT COIIRT OF WOOD COUNTYT WEST VIRGINIA \ VICKI GHEEN, PLAINTIF'F, CIYIL ACTION NO.: 15-C - v. tz{ CITY OF PARI(ERSBURG, A West Virginia Municipal Corporation, DEFENDANT. COMPLAINT Now comes VICKI GHEEN, Plaintiff by and through thpir counsel WILLIAM O. MERRIMAN, JR., and for their Complaint against the Defendant CITY OF pARKERSBURG, a West Virginia Vlunicipal Corporation states as follows: {' COUNT I (HOSTILE WORK ENVIROMENT/SEXUAL IIARIU{SMENT 1. 2. The Plaintiff VICKI GHEEN is a resident of Wood County, West Virginia. The Defendant CITY OF PARKERSBURG, a West Virginia Municipal Corporation is a government agency in the City of Parkersburg, Wood County, West Virginia. 3. The Plaintiff, VICKI GHEEN, has been and continues to be employed by the Defendant, CITY OF PARKERSBURG a West Virginia Municipal Corporation. 4. 5. The elected Mayor of the city of Parkersburg is RoBERT D. NEWELL. The Director of Finance for the Defendant CITY OF PARKERSBURG is ASHLEY FLOWERS. 6. The Defendant, GITY OF PARKERSBURG, a West Virginia Municipal Corporation is vicariously liable for the acts of its employees tr{LED lN 0FFlCt J*w z 7 ?$15 nf$l8'h['j#t[t-. 7. The Plaintiff, VICKI GHEEN, works in the Finance Department and is supervised by the Director of Fiirance, ASHLEV FLOWERS' 8. The PlaintitrVICKI GIIEEN has been an employee for the CITY OF PARKERSBURG fot 12 Years. g. of t!r9 For approximately one (1) year the Director ofFinance and the Mayor city of parkersburg have been having inappropriate/unprofessional relationship.' 10. During that time period the Plaintiff, vIcKI GHEEN has been subjected (during work hours and after) to numerous unwanted conversations regarding the relationship between the Director of Finance and the Mayor. 1 1. The plaintiff, VICKI GHEEN, has been subjected to behavior in the workplace that is unwelcomed and offensive to her as a female employee' of a pattern 12. Such unwelcomed and offensive behavior has been perva.$ve and consists 13. job' that is prevalent and disrupts the Plaintiff s ability to perform her to cause disruption Said offensive behavior is to such-a degree that it is severe enough intimidated beyond a reasonable degree in the workplac6 to cause the Plaintiff to be and for fear of retaliation 14. The plaintiff, 15. if she does not consent to the offensive behavior. VICKI GHEEN, has been enduring such offensive behavior for approximately a year and believes the conduct will continue indefinitely. are: The offensive behavior/conduct that the Plaintiff has been subjected to a. Director Conversations (both violent and sexual in nature) between the Finance and the \4ayor. b. c. Photographs (nude of both the Finance Director and Mayor) etc) Videos (of sexual nature of the Mayor and the Mayor and Finance Director, been 16. As a direct and proximate cause of such offensive behavior the Plaintiffhas the physically i11, sustains tremendous stress, loss of sleep, inability to work at well as workplace, humiliation and fear of retaliation if she did not participate as other. damaging consequences. II COUNT 17. The Plaintiff, YICKI GHEEN, hereby adopts and incorporates the averments contained in paragaphs I through 16 as fully set forth herein, CITY OF PARKERSBURG, a West Virginia Municipal Corporation has negligently faited to supervise and protect the Plaintiff and other employees from such offensive behavior thereby allowing the Plaintiff to be exposed 18. The Defendant, 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 fean of retaliation if she did not participate, etc.) 20. The plaintiff, VICKI GHEEN, 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, VICKI GHEEN, has intentionally subjected the Plaintiff to offensive and humiliating behavior. 22. As a direct and proximate cause being intentionally subjected to such offlensive 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.TheDefendant, CITY OF PARKERSBURG,,a West Virginia Municipal Corporation has knowning failed to remedy the situation knowing that said pattem of conduct has been Persistent. 24.ThePlaintiff, VICKI GHEEN, hereby adopts and incorporates the averments contained in paragraphs 1 through 23 as fully iet forth herein zs.Thatthe Defendant, CITY OF PARKERSBURG, 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; z7.That the actions of the Defendant, CITY OF PARKERSBURG' a West Virginia Municipal Corporation caused the Plaintiff, VICKI GHEEN to suffer emotional distress; and 28. That the emotional distress suffered by the Plaintiff, VICKI GHEEN was so severe that no reasonable person could be expected to endwe it. 29. As a direct and proximate cause being intentionally subjected to such offensive and humility condugt the Plaintiff has and will continue to suffer from lack of sleep, stress, if physical illness, humiliation, and fear of retaliation she did not participate, etc. COI]NT V TNEGLIGENT SUPERVISION/TRAINING) 30. The Plaintiff, VICKI GHEEN, hereby adopts and incorporates the averments contained in paragraphs 1 through2g as fi.rlly 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 pattem of 32. As a direct and proximate cause of negligent supervisor by the Defendant, PARKERSBURG, A West Virginii Municipal Corporation the CITY OF Plaintifl VICKI GHEEN 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 W€st Virginia Municlpal Corporation negligently trained its employees in workplace harassment/offensive conduct. 34. The Defendant, CITY OF PARKERSBURG, a West Virginia Municipal Corporation negligent training permified the Mayor of Parkersburg and the Director of Finance to subject the Plaintiff, VICKI GHEEN to unwanted, offensive and humility conduct. 35. As a direct and proximate cause of the Defendant, CITY 8F PARKERSBURG, a West Virginia Municipal Corporation negligent training/supervision the Plaintiff, VICKI GHEEN, has and will continue,to suffer from lack of sleep, stress, physical illness, humiliation, and fear of retaliation ifshe did not participate, etc. VI COUNT PUNITIVE DAMAGES) 36. The Plaintiff, VICKI GHEEN, hereby adopts contained in paragraphs 37. The Defendant, I through 35 as fully and incorporates the averments set forth herein. CITY OF PARKERSBURG' a West Virginia Municipal Corporation conduct is so outrageous and is willfull wanton and is in reckless disregard for the health and safety of its employees that the Plaintiff, VICKI GHEEN 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 injwies and damages set forth herein; pre-judgment and post-judgment interest; all costs thereon; that the Plaintiff, VICKI GHEEN be granted judgment for punitive damages agaihst the Defendant, CITY OF PARKERSBURG, a West Virginia Municipal Corporation in a reasonable amount plus prejudgment 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 PLAINTIT'F DEMANDS TRIAL BY JURY VICKI GHEEN Market Street Parkersburg, WV 26101 304-422-8055 c Counsel for Plaintiff 625 f ill tl VERIFICATION 'l STATE OF WEST VIRGINIA COUNTY OF WOOD, to-wit; i . I I, VICKI GHEEN, Plaintiffnamed in the foregoing Complaint, being fust duty sworn, deposes and says thatthe 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. '4.[;u, N.^*,VICKI GHEEN t' 4 ,^nM Taken ,subscribed and sworn t before the undersigned authority, this 20r5 My commission expires . ,l/ *r r/n ;3 J/ " OFFICIALSEAL StalE of tlbst virglnla ffotaryPrrbh SHERRYOSEURN 525 Uarft€tStreet Parkersburg, Wy 26tot l'ly @omhsbn grplre3 l[.!ch 23. ' thqJ-day of January,
© Copyright 2024