WEST VIRGINIA RECORD

Nov. 25
Vicki R. Lambert v. Jefferson County Council on Aging Inc. and Shawna Molina
PA - Harry Waddell J - Steptoe
* Lambert, a resident of Harpers Ferry, was employed by the Jefferson County Council on Aging, Inc. as the activities coordinator from August 2001 until her termination on May 29, 2008. Molina, executive director of Jefferson County Council on Aging, was hired on February 4, 2008. Lambert told Molina at the end of February or beginning of March that her daughter had been diagnosed with a serious medical condition constituting a disability.
The plaintiff took medical leave between April 29, 2008, and May 16, 2008, to be with her daughter during surgery and hospitalization in Morgantown. When she returned on May 20, 2008, Molina informed her that "due to the sensitive nature of your family medical situation," her schedule was being reduced from five days a week to two days per week. Molina also informed Lambert that her new schedule would be re-evaluated at the end of July 2008. As of May 20, Molina has already hired a new activities coordinator, Chasidy Seal to replace Lambert and on May 29, 2008, Molina and the Council Board President, Locke Wysong, terminating her employement effective immediately. Neither Molina or Wysong would provide Lambert with any reason or explanation for her termination. Lambert says she has been deprived of equal employment opportunities and otherwise adversely affected her status as an employee on the basis of her association with a disabled person in violation with the West Virginia Human Rights Act. The Plaintiff requests a permenant injunction enjoining the Jefferson County Council on Aging, Inc. from engaging in disability discrimination, including discrimination by association; orders the Defendants to provide compensation for past and future losses resulting from the unlawful employment practices, grant further relief as the Court deems neccessary and proper in the public interest and award the Plaintiff her costs and attorney fees.
Case number: 08-C-475

Nov. 26
Richard and Tricia Bannerman, Jesse Bryan, Shawn and Melissa Foster and William and Shellie Gardner v. Quality Inn and Conference Center and VDS Food and Beverage Services Inc., Cliffside Bar and Grill
* The plaintiffs were registered guests at the Quality Inn and Conference Center in Harpers Ferry on Dec. 2, 2006. That evening, the Plaintiffs entered the bar. At around 9:30 p.m., a male individual named Robert Jones entered the bar without challenge or inspection by the Defendants, with a handgun. Jones then randomly fired the handgun at the bartender and at the guests at the bar. As a result of the shooting, the bartender was killed. The plaintiff, William Gardner sufffered injuries to his left temple in while attempting to subdue and restain the shooter. Richard Bannerman suffered a gunshot to his right thigh, Shawn Foster suffered a gunshot wound to his right calf and Jesse Bryan suffered an assult to his body from flying bullets. Shellie Gardner and Trician Bannerman, wives of William Gardner and Richard Bannerman was deprived the companionship and services of their husbands. The Plaintiff claims that due to the physical location of the premises, the Defendants had implicit warning that its premises may be subject to criminal actions. The premises, located on U.S. 340, is a major route for persons traveling from Baltimore and Washington, D.C., to Charles Town, W.Va., to attend Charles Town Races and Slots. The plaintiffs sugest that 90 percent of the persons passing by the defendants' premises are strangers to West Virginia. The defendants, according to the complaint, violated the above duties to the plaintiffs and proximately caused their injuries and damages. Because of the violation of their duties, the plaintiffs suffered damages to their bodies and or experienced pain and suffering.
As an implied covenant in their lodging contract, plaintiffs has an expectation of peace and quiet enjoyment of the premises during their contractual stay. As a consequence, the plaintiffs suffered extreme emotional distress. They demand judgment against the defendants for all available damages in an amount to be determined by a jury at trial of this action. The plaintiffs also request reimbursement for attorney fees incurred.
Case number 08-C-477