Lawsuit filed by ice skating instructor against Greenbrier Resort settled

CHARLESTON - A lawsuit against Greenbrier Hotel Corporation was settled and dismissed from Kanawha Circuit Court last year.

Greenbrier Hotel Corporation is doing business as the Greenbrier Resort.

On July 27, 2012, a dismissal order was filed in Kanawha Circuit Court stating the parties jointly advised the court that all matters in controversy had been completely compromised and settled between them.

Robert Baker was employed by the defendant and negotiated an employment contract under which he would provide ice skating lessons to guests of The Greenbrier and accepted the defendant's offer, according to a complaint filed Aug. 2, 2011 in Kanawha Circuit Court.

Baker claimed under the terms of the contract, he was provided with room and meals at no cost with the understanding that meals would be provided by the defendant at the defendant's restaurant called the Depot.

During the times of Baker's employment, the Depot was closed and, upon prior approval and knowledge, took his meals at the defendant's Draper's and Forum restaurants, according to the suit.

Baker claimed he rendered services pursuant to the employment contract and on Jan. 5, 2011, submitted an invoice by e-mail in the amount of $1,350 for the services rendered under the contract for the period of Nov. 26, 2010, through Jan. 2, 2011, but payment upon invoice was delayed.

The amount of $60 was deducted from the Jan. 5, 2011, invoice and payment was received by February 2011, according to the suit.

Baker claimed he quit on Jan. 5, 2011, and, without consent of authorization, the defendant used the number of Baker's debit card on Feb. 28, 2011, and deducted $145.26 from his checking account for charges for meals that were taken pursuant to the employment contract and were supposed to be at no cost to him.

The charges in question were for meals at the defendant's Jerry West's Prime 44 restaurant. However, the charges were not made by Baker, but the charges may have been made by a Greenbrier guest with a name similar to his, according to the suit.

Baker claimed he contacted the credit card issuer and contested the charges, which were then reversed and the defendant did not contest the reversal of the charges.

As a direct and proximate result of the defendant's unauthorized use of Baker's debit card, the checking account incurred overdraft fees for outstanding checks in the sum of $112.50, according to the suit.

Baker claimed his wages were also not timely paid in accordance with the terms of the contract and the defendant is therefore liable for three times the wages in the amount of $4,050.

Baker was seeking compensatory damages. He was represented by Christopher S. Smith and Nicola D. Smith of Hoyer, Hoyer & Smith PLLC.

The defendant was represented by John D. Wooton Jr. of the Wooton Law Firm.

The case was assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-1266