CHARLESTON - A Kanawha County woman has filed another suit against Powerball winner Jack Whittaker.
The suit is seeking compensation for Whittaker's failure to comply with the terms of the Confidential Settlement and Release Agreement that he entered into with French.
March 23, 2004, French filed Kitti K. French v. Andrew "Jack" Whittaker, Jr. in Kanawha Circuit Court. The suit claimed assault and battery, intentional infliction of emotional distress and punitive damages. French claims she was assaulted by Whittaker at the Tri-State Racetrack and Gaming Center in Cross Lanes.
On May 26, 2006, Whittaker entered the agreement with French. He has failed to comply with the terms of his agreement.
Whittaker was contacted, and it was requested he comply with the terms of the agreement.
"On one occasion, Mr. Whittaker himself responded in writing, and stated: 'On 9-11 a team of crooks went to 12 different City National Banks, cashed 12 checks and got all my money. I intend to pay, but can't without any money. /s Jack Whittaker.'"
He has breached his contract, and French is asked for the amount due, plus court costs, attorney fees, punitive and compensatory damages.
In 2002, Whittaker won the single-largest Powerball lottery payout of $315 million, with a cash option of more than $113 million. He has several run-ins with the law since that time, including a DUI charge in 2004 and assault.
Two other floor attendants at the racetrack also filed suit against Whittaker. One of the suits was agreed on through a settlement, though the amount was not announced.
Kanawha Circuit Court case number 07-C-65