HUNTINGTON — The defendant in a case filed by Hershel "Woody" Williams two years ago asked again for the court to grant summary judgment.
Historian Bryan Mark Rigg said in the Sept. 30 reply in support of the motion for summary judgment that Williams incurred no damages. Rigg argues that Williams' claims of breach of contract and promissory estoppel also should be barred.
"In his response, Plaintiff makes no attempt to argue any alleged promise made or relied upon was different than the terms of the alleged oral contract," Rigg wrote. "Therefore, Plaintiff’s promissory estoppel claim, like his breach of contract claim, is barred by the Statute of Frauds."
In his motion for summary judgment, Rigg argued that Williams' claims fail because he suffered no damages and recovery under Williams' breach of oral contract claims are barred because there was no meeting of the minds and Williams breached the oral contract first.
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.
Rigg is being represented by Alex Frampton and Tom Hancock of Nelson Mullins' Huntington office, and Williams is being represented by Brittany Simmons and John Mahaney of Dinsmore Shohl's Huntington office as well as by Chris Davis of Wooton Davis Hussell & Johnson in Beckley.
U.S. District Court for the Southern District of West Virginia case number: 3:19-cv-00423