HUNTINGTON — U.S. District Judge Thomas Johnston has partially granted the motion for summary judgment by a historian in a case filed by Hershell "Woody" Williams.
Johnson dismissed the breach of oral contract claim in a judgment order and a memorandum filed Oct. 27 in U.S. District Court for the Southern District of West Virginia, but he found that the promissory estoppel claim is a jury issue, the memorandum opinion and order states.
Johnston wrote in the memorandum that Williams failed to present strong evidence to overcome the presumption that no final contract had been entered into absent a formal written contract.
"In his response, Williams devotes only one paragraph to illustrate the alleged circumstances giving rise to a valid, enforceable contract between he and (Bryan Mark) Rigg," Johnston wrote.
Williams' argument that a binding oral contract was formed based upon Rigg's discussions with Williams' grandson, Brent Casey, during a 2015 trip to Guam and Iwo Jima is unavailing, Johnston wrote.
When it comes to the promissory estoppel claim, Johnston wrote that genuine issues of material fact exist and that a reasonable jury needed to hear the claim.
Williams, a World War II veteran and Medal of Honor recipient, filed the lawsuit in 2019 against Rigg to stop the book from being published, claiming it was inaccurate.
Williams claims in 2015, he met Rigg while accompanying other veterans on a tour of Guam and Iwo Jima and had several conversations with him over the years about the possibility of collaborating for a book.
In July 2016, Rigg visited Williams in West Virginia and gathered basic details and information from his family about his personal life and traveled to several locations throughout the state with him.
In February 2017, Rigg met with Williams again to discuss terms of their collaboration and the parties agreed that Williams would provide Rigg with personal information about his life and military service; that the information in the book would be factual and pertaining to Williams; that both Williams and Rigg would have input into and authority over the content of the book; that Rigg would conduct the necessary research for the book; and that the parties would equally share the proceeds from the book, according to the suit.
Williams claims the book was to be unique and focus on the “untold” story of his life and military service and, based on that agreement, he provided Rigg with information about his life and experiences, including personal and untold stories, anecdotes, recollections and memories.
In early 2018, a draft of the book was completed and additional revisions and edits were made, according to the suit. Williams also provided Rigg with personal items he could borrow while writing the book.
Williams claims it was around that time that deterioration of his and Rigg’s relationship occurred, resulting in a “significant breakdown in communication” between the two.
Williams is represented by J.H. Mahaney, J. Tanner Watkins and Brittany S. Given of Dinsmore & Shohl.
Rigg is represented by Thomas M. Hancock and Alexander C. Frampton of Nelson Mullins Riley & Scarborough in Huntington; and Geoffrey Scott Harper of Winston & Strawn in Dallas, Texas.
U.S. District Court for the Southern District of West Virginia case number: 3:19-cv-00423
