Woman accuses car dealer of sexual harassment

By Kyla Asbury | Oct 8, 2012

MORGANTOWN -- A woman is suing Superior Ford Lincoln Mercury of Morgantown after she claims she was sexually harassed during her employment.

Ford Motor Company and Gustavo A. Palmar were also named as defendants in the suit.

Brittany E. Nichols was employed by the defendants, according to a complaint filed in Monongalia Circuit Court.

Nichols claims Palmar sexually harassed her and created a hostile and abusive workplace and environment.

On repeated occasions beginning in the summer of 2011 and continuing through July, Palmar committed battery upon and sexually harassed Nichols by his unsolicited and unwelcomed offensive physical contact; his unsolicited and unwelcomed verbal statements of a sexual nature; and his unsolicited and unwelcomed text messages with photographs sent to Nichols, according to the suit.

Nichols claims Palmar’s conduct was negligent, reckless, intentional, willful and outrageous as defined by West Virginia law.

Palmar’s conduct occurred at the Superior Ford Lincoln dealership and while he was under the direct supervision and control of Ford Motor Company and was performing his official duties and working within the scope of his employment as president of Superior Ford Lincoln Mercury, according to the suit.

Nichols claims Palmar’s actions and conduct were observed by fellow employees, agents, servants, joint venture members and representatives of Ford Motor Company and officers of Superior Ford Lincoln Mercury.

Due to Palmar’s pervasive and intolerable actions, which were known to Ford Motor Company and Superior, Nichols was constructively discharged, according to the suit.

Nichols is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by J. Michael Benninger.

Monongalia Circuit Court case number: 12-C-579

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