Vicki Gheen lawsuit against City
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,
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