Attorney Blog

Facts on Sexual Harassment

taylordowns@gmail.com (blog Author)38331 — Thu, 02 Sep 2010 08:00:00 EST

This is a nice, concise website that contains general facts about sexual harassment. The website is hosted by the Equal Employment Opportunity Commission and gives the reader general information about sexual harassment and an overview of how the EEOC handles sexual harassment complaints.

More ADA claims filed in 2009 than in any other year

taylordowns@gmail.com (blog Author)37712 — Sun, 22 Aug 2010 08:00:00 EST

The Equal Employment Opportunity Commission has released statistics that more people filed complaints of disability discrimination under the Americans with Disabilities Act in 2009 than in the past 20 year history of the ADA. Reports credit this increase to a new amendment to the ADA which broadens the definition of what it means to be disabled as well as the recession.

Medical errors cost $20 billion a year

taylordowns@gmail.com (blog Author)37090 — Wed, 11 Aug 2010 08:00:00 EST

A recent study has shown that medical errors cost the health industry upwards of $20 billion dollars a year. The study also shows that medical errors caused 2,500 avoidable deaths and over 10,000 missed days of work in 2008.

Waddell named top 100 Lawyer

blog@www.harrywaddell.com (news Author)16786 — Thu, 05 Aug 2010 08:00:00 EST

The Law Office of Harry P. Waddell is pleased to announce that Martinsburg attorney Harry P. Waddell has been named a Top 100 Lawyer by the American Trial Lawyers Association for 2010. This prestigious award is designated to the top 100 trial lawyers in each state. The American Trial Lawyers Association bases its selection decisions on each attorney's superior qualifications, leadership, reputation, influence, stature, and profile within the Trial Lawyer community. As a Top 100 Lawyer, Mr. Waddell will be extended an invitation into the American Trial Lawyers Association. This association is a group dedicated to promoting excellence in the legal profession through training, networking, and education of trial lawyers concerning both business and professional matters of interest to the modern day trial lawyer. The American Trial Lawyers Association is an invitation only national association comprised of the best 100 trial lawyers from each state.

More Men Filing Sex Discrimination Suits, Statistics Show

taylordowns@gmail.com (blog Author)36757 — Thu, 05 Aug 2010 08:00:00 EST

Interesting article highlighting new statistics from the EEOC showing that more men are filing sexual discrimination suits. EEOC statistics show that the number of men filing sexual harassment claims has doubled from 8 percent to 16 percent in the past twenty years.

Study finds that many doctors don't report incompetency

taylordowns@gmail.com (blog Author)36786 — Thu, 05 Aug 2010 08:00:00 EST

A recent study published in the Journal of the American Medical Association has found that many doctors fail to report incompetent colleagues. The study surveyed 3,000 doctors and concluded that doctors who practice in small offices are the least likely to report an incompetent colleague while those who work in hospitals are more likely to report incompetence.

Forced arbitration is in most consumer contracts

taylordowns@gmail.com (blog Author)36504 — Tue, 03 Aug 2010 08:00:00 EST

Excellent article from the Baltimore Sun showing how more and more companies are using forced arbitration in sales contracts to prevent consumers from filing lawsuits.

Woman terminated for excessive abscences as a firefighter

blog@www.harrywaddell.com (news Author)16668 — Mon, 02 Aug 2010 08:00:00 EST

Recent news article about a suit filed against Royal Vendors for terminating an employee who had amassed absences because she was a volunteer firefighter.

http://wvrecord.com/news/228497-civil-filings-jefferson-county

Civil Actions Promote Safety

taylordowns@gmail.com (blog Author)35870 — Tue, 27 Jul 2010 08:00:00 EST

A first in a series of articles that highlights how lawsuits promote greater safety of consumer products and encourage corporations to make safer, more effective consumer products.

http://www.asianjournal.com/consumer/atty-conrado-qjoeq-sayas/6254-civil-actions-promote-safety-in-cars-a-other-products--part-1-.html?showall=1

Woman allegedly fired for absences as a volunteer firefighter

blog@www.harrywaddell.com (news Author)16334 — Tue, 20 Jul 2010 08:00:00 EST

MARTINSBURG-- A local woman has filed suit against Coin Acceptors, Inc., Royal Vendors, Inc., and Charity Fleming, the human resources manager at Royal Vendors, for wrongful termination. In a suit filed in Jefferson County, West Virginia, Christina Holmes claims that she was hired to work at Royal Vendors in November of 2005. In addition to working at Royal Vendors, Plaintiff worked as a volunteer firefighter with the Independent Fire Company in Charles Town, West Virginia.

Plaintiff alleges that she lost time from her employment with defendants on many occasions as a result of her duty as a volunteer fireman responding to emergency calls prior to the time she was due to report for work. Plaintiff further states that she was discharged from her employment on September 1, 2009, for amassing too many absences.

Plaintiff alleges that defendants violated West Virginia Code section 21-5-17, which prohibits an employer from discharging an employee for time lost spent as a volunteer fireman responding to emergency calls. Plaintiff further claims that defendants have violated West Virginia Public Policy as well as violating the West Virginia Wage Payment and Collection Act for failing to timely pay the plaintiff all of her wages at the time of her termination. Plaintiff is seeking general damages, back pay, anticipated lost future earnings, reinstatement, liquidated damages for the violation of the West Virginia Wage Payment and Collection Act, attorney's fees and costs, punitive damages, prejudgement and post judgment interest, and costs inccured in prosecuting this action.

Plaintiff is represented by Martinsburg attorney Harry P. Waddell.

Client sues Royal Vendors for wrongful termination

blog@www.harrywaddell.com (news Author)16336 — Tue, 20 Jul 2010 08:00:00 EST

MARTINSBURG-- A Berkeley County man has filed suit against Coin Acceptors, Inc., Royal Vendors, Inc, Johnny Dyer, plant manager at Royal Vendors, and Charity Fleming, Human Resources manager at Royal Vendors, for wrongful termination. In a suit filed in Jefferson County Circuit Court, Troy Hadler alleges that he was terminated from his job for opposing and reporting sexual harassment in the work place.

The plaintiff claims that he was hired for the position of supervisor at Royal Vendors on October 7, 2008. The complaint alleges that on or around November 2009, an employee reported to Plaintiff that a female employee was being sexually harassed at Royal Vendors. Plaintiff claims that he immediately reported the harassment to Defendant Dyer and Defendant Fleming. Plaintiff further claims that on or around December 22, 2009, a second employee reported to Plaintiff that the female employee who made the initial sexual harassment complaint was upset because she felt that inadequate action had been taken to address her complaint.

After speaking with the female employee, Plaintiff claims that on January 4, 2010, he directly relayed the female employee's concerns to Defendant Dyer and Defendant Fleming. Plaintiff alleges that on or around January 26, 2010, his immediate supervisor informed him that Charity Fleming was upset with him for intervening in the sexual harassment complaint. On January 27, 2010, Plaintiff was discharged from his employment at Royal Vendors.

Plaintiff alleges that Defendants violated the West Virginia Human Rights Act when they terminated him for reporting and opposing sexual harassment in the workplace. Plaintiff further claims that Defendants Fleming and Dyer aided and abetted the corporate defendants in violating the West Virginia Human Rights Act by discharging the Plaintiff, in whole or in part, for opposing and reporting sexual harassment in the workplace. Plaintiff is seeking general damages, back pay, front pay, punitive damages, reasonable costs and attorney's fees, prejudgment and post judgment interests, and costs incurred in prosecuting this action.

Plaintiff is represented by Martinsburg attorney Harry P. Waddell.

New survey highlights need for representation in civil suits

taylordowns@gmail.com (blog Author)35063 — Tue, 13 Jul 2010 08:00:00 EST

A recent survey conducted by the Coalition for Justice highlights the need for representation in a civil law suit. The survey, answered by 986 state court judges from around the nation, found that a pro se litigant (one without representation) has a much greater risk of having negative results than an individual who is represented by an attorney. Moreover, the survey found that individuals who attempt litigation on their own usually end up taking more time to complete their litigation, usually because of a lack of knowledge of procedural and evidentiary rules.

Martinsburg Couple files personal injury suit over unsafe conditions

blog@www.harrywaddell.com (news Author)16072 — Fri, 09 Jul 2010 08:00:00 EST

MARTINSBURG-- A Martinsburg couple have filed a personal injury lawsuit based on injuries sustained from unsafe conditions at a local business. In a one count complaint, Walter and Mary Hersh allege that on October 9, 2009, at approximately 10:50 a.m. plaintiff Walter Hersh was leaving Second Time Around located in a shopping plaza owned by defendant Ralph Eckenrode. After leaving the business, Hersh began to descend eight exterior wooden stairs to the parking lot below. Hersh fell forwardard, landing on his sholder and head at the bottom of the stairs in the parking lot below.

Hersh was taken by ambulance to the Emergency Room in Martinsburg where he was diagnosed with an acute subarachnoid and subdural hemorrhage and was then transferred to Winchester Medical Center. Hersh was admitted to the intensive care for observation and testing.

On October 14, 2009, Hersh was transferred from Winchester Medical Center to Heartland of Martinsburg until December 2009 when he was discharged to his home where he requires around the clock medical assistance.

The Plaintiffs contend that Defendant Eckenrode owed a duty of care to the plaintiff and to other members of the public to maintain the stairs on which the plaintiff fell in a safe and non-defective condition. Plaintiff further contends that Defendant Eckenrode breached the duty of care owed by failing to maintain the steps in a safe condition and non-defective conditions including, but not limited to, the defendant's failure to have one or more handrails attached to the steps. The failure to have handrails on the steps violates Martinsburg City Code and constitutes negligence per se.

As a direct and proximate resule of the defendant's negligance, Plaintiffs contend that they have and continue to suffer severe and permanent bodily injury, physical impairment, as well as emotional and mental distress, and has incurred and will continue to incur medical expenses.

Plaintiffs are represented by Martinsburg attorney Harry P. Waddell

Kearneysville man sues for discrimination and invasion of privacy

blog@www.harrywaddell.com (news Author)15941 — Tue, 06 Jul 2010 08:00:00 EST

MARTINSBURG-- Isaac Ferguson, through counsel, has sued Aggregate Industries Building Materials, LLC, doing business as Bradstone. Mr. Ferguson, a former employer of Bradstone, located in Harpers Ferry, West Virginia, filed a three count complaint alleging disability discrimination, workers compensation discrimination, and invasion of privacy.

In his complaint, Mr. Ferguson states that he began working at Bradston on December 5, 2005 and was employed as a yard supervisor. The complaint states that on February 26, 2009, Mr. Ferguson sustained a work injury to his lower back. Following this injury, Mr. Ferguson was required to submit to drug testing on four different occasions even though the employer had no reasonable suspicion that the plainitff was under the influence of drugs or alcohol.

After his work injury, Mr. Ferguson filed a workers' compensation claim which was ruled compensible. According to his complaint, Mr. Ferguson returned to work following his injury on restricted medium to light duty. Mr. Ferguson claims that on April 28, 2009, he was cleared to return to full duty by his treating physician but that defendant did not allow him to return to full duty. Instead, on May 13, 2009, defendant reduced plaintiff's work hours and then terminated him from employment on May 19,2009. After Mr. Ferguson was terminated from employment, the defendant continued to hire employees at the facility where he was employed.

Ferguson claims that the actions taken by Bradstone violated the disability provisions of the West Virginia Human Rights Act, the anti-retaliation provisions of the West Virginia Workers' Compensation Act, and were an invasion of his privacy.

Ferguson is represented by Martinsburg attorney Harry P. Waddell.

Plaintiffs sue for wrongful termination

blog@www.harrywaddell.com (news Author)15943 — Tue, 06 Jul 2010 08:00:00 EST

MARTINSBURG--Three individuals have filed suit against the Burlington United Methodist Family Services, Inc., and its interim CEO Alexander Carmichel for wrongful termination. Travis Alt, Jamie Garris, and Carmen Smith, all former employees of Burlington United Methodist Family Services, Inc., claim that they were terminated from their employment when they each attempted to testify in court on behalf of a resident of Burlington.

Alt, Garris and Smith claim that they were responsible for providing professional services to the residents of the group homes and cottages located on defendants' campus and that as part of their professional duties were called upon and expceted to appear in court to testify at hearings on matters related to the welfare of residents.

Plaintiffs' complaint alleges that in September 2009, an incident occured which resulted in several residents being removed from the Burlington facility and placed in detention pending adjudication hearings. One of the residents was scheduled for a hearing on October 7, 2009. Plaintiffs were requested by the resident's appointed counsel to appear at the court hearing on October 7, 2009. On the morning of the hearing, Plaintiff Smith was informed that the plaintiffs should say nothing at the hearing or it might mean their jobs. Plaintiffs allege that on November 20, 2009, Charmichel found out that plaintiffs had prepared a letter for the Court on October 2, 2009. Once Charmichel learned of this information, he immediately placed plaintiffs on administrative leave. On November 23, 2009, Plaintiffs were terminated for insubordination.

Plaintiffs claim that defendants violated West Virginia law by discharging them because they had given or might be called upon to give truthful testimony in a legal action. Moreover, Plaintiffs allege that Defendants violated the West Virginia Wage Payment and Collection Act by failing to pay the plaintiffs their accrued vacation time.

Plaintiffs are seeking general damages, lost earnings, anticipated lost future earnings, back wages for vacation time, liquidated damages, punitive damages, attorney's fees and costs, prejudgment and postjudgment interests, and costs.

Plaintiffs, all residents of Romney, West Virginia, are represented by Martinsburg attorney Harry P. Waddell.

Martinsburg woman sues area nursing home and facility staff

blog@www.harrywaddell.com (news Author)15909 — Fri, 02 Jul 2010 08:00:00 EST

A Martinsburg woman has sued Canterbury of Shepherdstown, a local nursing home, and three of its staff members for violating the West Virginia Patient Safety Act as well as for retaliatory discharge.

Juanita Hamilton, a certified nurses aid, claims she was retaliated against by the nursing facility and its staff members when she reported an incident of resident to resident abuse.

Hamilton alleges that on the night of February 24, 2008, she witnessed a male resident leaving the room of a female resident with his pants down. When she confronted the male resident he allegedly attempted to strike Hamilton. In an attempt to control the situation, Hamilton placed her hands on the man's walker.

Hamilton claims that none of the staff nurses attempted to check on the abused female patient and that when Hamilton and two other nurses aides did check on her, she was lying in her bed with the covers down and her briefs pulled down exposing her bottom.

Hamilton further alleges that the defendants did not investigate or report the abuse to any authorities. Instead, Hamilton claims that the defendants falsely accused her of abusing the male resident in an attempt to cover up the situation and by firing her.

Hamilton is represented by Martinsburg attorney Harry P. Waddell.

Lawsuit claims mortgage firm discriminated against minorities

taylordowns@gmail.com (blog Author)34443 — Thu, 01 Jul 2010 08:00:00 EST

The Illinois Attorney General has filed a discrimination lawsuit against mortgage firm Countrywide Financial Corporation. The lawsuit accuses the firm of discriminating against minority borrowers by subjecting them to much riskier loans. The lawsuit said the "company's practices caused about 6,000 African-American and Latino borrowers to be steered into subprime mortgages and in some cases charged higher prices for their mortgages." The lawsuit seeks unspecified damages. Cynthia Dizikes, Chicago Tribune 06/29/2010

Michigan Wal-Mart worker using medical marijuana sues over firing

taylordowns@gmail.com (blog Author)34463 — Thu, 01 Jul 2010 08:00:00 EST

Although medicinal marijuana remains illegal in West Virginia, this can easily be paralleled to a disability discrimination lawsuit where an individual is fired for taking prescription pain medications. It will be interesting to see how this case plays out in Michigan and how many companies follow in Wal-Mart's footsteps.

A Michigan man who was fired from Wal-Mart when he failed a drug test due to his use of medicinal marijuana has filed a lawsuit against his former employer. Joseph Casias claims in his lawsuit that in November 2009 he twisted his knee while at work. Under Wal-Mart policy, employees who are injured at work must take a drug test. The lawsuit claims that Casias showed his bosses the paperwork from the state allowing him to use medicinal marijuana to alleviate pain from a brain tumor, but he was fired regardless after failing the drug test. The lawsuit seeks unspecified damages. Gina Damron, Detroit Free Press 06/29/2010

Taser Death Prompts Lawsuit

taylordowns@gmail.com (blog Author)34371 — Wed, 30 Jun 2010 08:00:00 EST

The family of a 45-year-old psychiatric patient who died after being shocked with a Taser while restrained in the hospital filed a wrongful death lawsuit in federal court Monday, alleging University of Cincinnati police used excessive force on Kelly Brinson and University Hospital was negligent caring for him.

Tricks of the Trade: How Insurance Companies Delay and Deny Coverage

taylordowns@gmail.com (blog Author)34372 — Wed, 30 Jun 2010 08:00:00 EST

Excellent article from the American Association for Justice on how insurance companies actively seek to delay and deny coverage from policy holders.

Jury awards $2 million to family of Maryland inmate

taylordowns@gmail.com (blog Author)34291 — Tue, 29 Jun 2010 08:00:00 EST

A civil jury in Prince George's County determined Thursday that Maryland state corrections and highway officials and a private dump truck driver were liable in an accident in which a prison inmate was killed by the truck while he was on a work detail. The jury awarded his relatives more than $2 million.

After a trial that lasted nearly two weeks, the jury awarded $2.025 million to relatives of Rodney Jennings, who was 28 when he was fatally injured Aug. 23, 2007, while picking up trash on the Capital Beltway in the Landover area.

Fixing Iqbal: Restoring Americans' Access To Justice

taylordowns@gmail.com (blog Author)34294 — Tue, 29 Jun 2010 08:00:00 EST

Good general information from the American Association for Justice on the Supreme Court's recent ruling in Iqbal.

Ranson woman sues jail authority, employee for sexual harassment

blog@www.harrywaddell.com (news Author)15818 — Mon, 28 Jun 2010 08:00:00 EST

MARTINSBURG -- A Ranson woman is suing the West Virginia Regional Jail and Correctional Facility Authority and one of its employees for sexual harassment.

Dawn Light is an employee of Prime Care Medical and works as a licensed practical nurse at the Eastern Regional Jail in Martinsburg.

In early September 2009, Sgt. Craig Richmond came to the medical department and stated he had a medical condition he wanted to have checked, according to a complaint filed April 1 in Berkeley Circuit Court.

Light claims Richmond stated the medical concern involved his penis, and when she examined it she discovered an infected pus-filled area. She claims she cleaned the infected area and instructed Richmond as to the proposed treatment, which required dressing changes for four or five days.

After one week, Richmond entered the medical department and asked Light to examine his penis again to make sure it was healed, to which she advised she would if he thought it was necessary and left to retrieve gloves, according to the suit.

Light claims Richmond insisted she did not need glove and that she just needed to "kiss it and make it feel better." Light claims she informed Richmond she was his nurse and he was her patient and they needed to maintain a professional relationship.

Light claims Richmond returned after several days and solicited sex from her, to which she informed him that his comments were inappropriate.

Several hours later, Light claims Richmond came back to medical department and called out that he needed help, but when she came to the entrance, Richmond was standing with his penis intentionally exposed for her to see.

Light claims Richmond also made inappropriate comments to a female officer and she reported his sexual harassment to her immediate supervisor.

On Dec. 4, 2009, the EE Coordinator, John Lopez, sent a letter to Light that the investigation was completed, her claim had been substantiated and the appropriate action would be taken, according to the suit.

Lopez later contacted Light and informed her she needed to "look at the big picture and take into consideration that Sgt. Richmond had been employed for 12 years," according to the suit.

Light is seeking a permanent injunction enjoining the West Virginia Regional Jail and Correctional Facility Authority and its officers from engaging in sexual discrimination; order the defendants to institute and carry put policies, practices and programs; and compensatory and punitive damages. She is being represented by Harry P. Waddell.

Interesting discrimination suit against cable giant Comcast

taylordowns@gmail.com (blog Author)34187 — Mon, 28 Jun 2010 08:00:00 EST

A former Comcast employee alleging he suffered years of racial discrimination and harassment at the hands of his employers is now suing the cable giant.

Timothy Morrison, a Naples resident, had worked for Comcast for 10 years when he was fired by the company in October 2009. Morrison, who is black, alleges in a lawsuit filed Tuesday that from the moment he transferred to Naples from Chicago in 2006 he received discriminatory treatment from his white supervisors and was retaliated against when he complained.

Feds recall another 2 million drop-side cribs

taylordowns@gmail.com (blog Author)34188 — Mon, 28 Jun 2010 08:00:00 EST

In a sign of the lingering danger posed by a common baby product, federal regulators on Thursday recalled another 2 million drop-side cribs for deadly hazards.

The moveable sides that raise and lower on such cribs make it easier to whisk away crying babies without straining parents' backs. But the sides repeatedly malfunctioned in ways that were hard to spot, leading to horrific scenes in nurseries around the nation.

When the sides separate from the crib, babies' bodies can slip into the resulting gap. Their heads get trapped, and they hang to death or suffocate. At least 32 children died when their drop-side cribs malfunctioned, and the U.S. Consumer Product Safety Commission said another 14 babies' deaths may be linked to drop sides.

Now, after years of missed warnings, regulators and companies are taking actions that signal the end of the line for the drop-side crib.

Thursday's sweeping recall put to rest the idea that these problems were isolated to a couple of companies that mass-produced cheap cribs in China. The recall included cribs made in the United States, Italy, Canada and seven other countries. Some cost as much as $500.

"Don't use a drop-side crib. Period," said Nancy Cowles, who for years has pushed for stronger safety rules for cribs as executive director of Kids In Danger, a Chicago-based advocacy group.

The Tribune first exposed the dangers of these faulty cribs in 2007 as part of a Pulitzer Prize-winning series. That prompted the first of the big drop-side crib recalls. Thursday's recall includes certain models under the Child Craft, Delta Enterprise, Evenflo, Jardine, Bona Vita, Babi Italia, ISSI, Million Dollar Baby and Simmons brands. The action brings to 9 million the number of drop-side cribs that have been recalled in recent years.

More than 250 consumers reported that the drop sides failed on these cribs, which were manufactured between 2000 and 2009, the safety commission said. When the sides separated, 44 babies fell from their cribs or were trapped but freed in time, the agency said. One baby was knocked unconscious and had to be hospitalized. Another broke a collarbone, the agency said.

Six of the manufacturers offered their customers kits designed to immobilize the moving sides of their cribs, and another offered a $25 to $50 rebate on the purchase of a new crib. The head of the CPSC has vowed to include a ban on drop sides in mandatory crib rules likely to be enacted before the end of this year.

Wrongful discharge case filed against Wal-Mart by former pharmacist

blog@www.harrywaddell.com (news Author)12536 — Sun, 31 Jan 2010 08:00:00 EST

Pharmacist sues Wal-Mart for unlawful termination after complaints of understaffing

adambrown70@gmail.com (blog Author)25951 — Sun, 31 Jan 2010 08:00:00 EST

Former pharmacist-in-charge of Wal-Mart's Spring Mills pharmacy in Berkeley County, WV has filed suit against Wal-Mart in the Circuit Court of Berkeley County in Martinsburg, WV. David Wasanyi alleges that Wal-Mart terminated his employment in retaliation for his complaints of understaffing the pharmacy and his safety concerns for the customers. Mr. Wasanyi alleges that he was required to work 13 hours a day, seven days a week and perform the amount of work normally performed by four pharmacists. He contends that the overwork lead to unsafe conditions in the pharmacy. After he complained, Mr. Wasanyi alleges that Wal-Mart retaliated against him by terminating his employment. Mr. Wasanyi is represented by Harry P. Waddell of Martinsburg, West Virginia.

There is an excellent article entitled "Combating Abusive Arbitration Clauses in Nursing Home Contracts" written by Leslie A. Bailey, Matthew S. Melamed and F. Paul Bland that should be must reading for anyone facing such an arbitration clause. A copy of

hwad50@aol.com (blog Author)23706 — Sun, 20 Dec 2009 08:00:00 EST

If you are facing an arbitration clause in a nursing home contract that bars you from seeking redress in a court of law than you owe it to yourself to read this article which is contained in the library section.

Client sues Charles Town Race Track for Race and Disability Discrimination

blog@www.harrywaddell.com (news Author)10942 — Fri, 23 Oct 2009 08:00:00 EST

Bailey Bussey began his employment as an assistant starter in 2003. He was injured June 15, 2007 and returned to work with a lifting restriction of 15 lbs. The employer accommodated his restriction for a brief period by placing him in a position in the racing office. His immediate superiors encourage him to apply for full-time positions available in the racing office. He did so but was not hired. He was eventually placed him on unpaid leave and terminated. He is suing the Charles Town Races for race and disability discrimination.

200,000 deaths as a result of preventable medical errors every year

hwad50@aol.com (blog Author)20398 — Thu, 22 Oct 2009 08:00:00 EST

Every year approximately 200,000 Americans die from preventable medical mistakes and infections in hospitals as the means to fight these needless deaths are ignored at many hospitals. Looks like we need more "defensive" medicine, not less!

Man says he was fired by employer for cooperating with the police

blog@www.harrywaddell.com (news Author)9990 — Sat, 15 Aug 2009 08:00:00 EST

The complaint filed in the Circuit Court of Berkeley County, WV alleges that in February 2009 the manager of the State Line Exxon came to the gate of the Auto Auction. The manager told Reed that persons leaving the auto auction had been stealing license plates off the vehicles of Exxon employees. The manager informed Reed that an individual driving a dark Volvo station wagon had just left the auction and stolen a license plate. Reed checked the gate passes for the auction which identified the individual who purchased the station wagon. When the police arrived at the auto auction, Reed provided them with the information concerning the purchaser of the Volvo. When his employers discovered that he had cooperated with the police he was fired in violation of West Virginia public policy. Reed lawsuit seeks compensation for back pay, lost future earnings, emotional distress and punitive damages for his unlawful termination. Attorney Harry Waddell is representing the plaintiff.

Suit filed for 16 year old boy who alleges that he was sexually assaulted by counselor at Board of Child Care

blog@www.harrywaddell.com (news Author)9992 — Sat, 15 Aug 2009 08:00:00 EST

The teenager, whose name is being withheld to protect his identity, alleges that while he was a resident in a Board of Child Care group home, he was sexually abused on repeated occasions by the recreational counselor. The suit alleges that Board of Child Care was negligent in its hiring and supervision of the counselor in question.The boy is represented by Martinsburg lawyer Harry Waddell. During a psychological evaluation in February 2008, the sexual abuse was revealed. As a result of the sexual abuse, the boy, identified only as John Doe, has experienced severe emotional distress, lack of trust and sexually maladaptive behaviors according to the complaint. In the eleven count complaint, the plaintiff seeks both compensatory and punitive damages.

EEOC and Maryland Attorney settle FMLA and ADA claims for $125,000

adambrown70@gmail.com (blog Author)16025 — Wed, 29 Jul 2009 08:00:00 EST

Attorney Kathleen Cahill of Towson, MD, and to Maria Morocco of the EEOC's Baltimore office obtained a $125,000 settlement on behalf of a client, whose employer refused to allow her to return to work after she recovered from surgical complications related to her breast cancer.

The claims brought on behalf of the plaintiff included a Family Medical leave Act (FMLA) claim as well as a claim under the Americans with Disabilities Act (ADA). The client is presently cancer-free.

Excellent employment law website is now open to the general public

adambrown70@gmail.com (blog Author)12036 — Fri, 15 May 2009 08:00:00 EST

Tom Garlands' digest of federal employment law decisions around the country was for years a subscription only service which he provided to legal professionals in the field of employment law. He has now opened his excellent website as a free resource to the general public. The site contains a wealth of cases from the federal circuits dealing with all aspects of employment law. Topics include Title VII, ADA and ADEA cases covering sex, race, disability and age discrimination and harassment, federal wage and hour law, FMLA claims and a variety of employment issues. The website is an excellent research tool for lawyers and a source of information for anyone with questions regarding employment issues. The website address is www.garlands-digest.com. There is a direct link to the site contained on the resources page under employment.

If your employment is terminated you may be able to continue your health insurance coverage with 65 percent of your premium paid by your employer

hwad50@aol.com (blog Author)11536 — Sun, 03 May 2009 08:00:00 EST

New changes in federal law under COBRA may allow you to continue your health insurance after your employment is terminated with a 65 percent contribution to your monthly insurance premium paid by your employer. Under the old rule you were required to pay the entire insurance premium to keep your health insurance in effect after employment termination. The change is part of President Obama's economic measures to assist persons in the present economy. Check the library on this website for an article explaining the changes in the law and answering common questions.

Employment discrimination - new Position Statement of American Diabetes Association

hwad50@aol.com (blog Author)10351 — Fri, 27 Mar 2009 08:00:00 EST

The American Diabetes Association has issued a new position statement on Diabetes and Employment which contains helpful information regarding diabetes as a disability under employment discriminations, reasonable accommodations for diabetes in the workplace and related topics. The statement itself can be viewed in the library section of this website

Class action settlement for pretrial detainees who were strip searched at correctional center

blog@www.harrywaddell.com (news Author)7878 — Wed, 25 Mar 2009 08:00:00 EST

$3.3 Million Proposed as Settlement in Strip Search Class Action

A federal district judge has filed an order approving a preliminary settlement agreement in a class action suit filed in April 2007, against the county regarding unlawful strip searches at the jail.

The federal civil lawsuit, filed on behalf of 2 clients who claim they were unlawfully strip-searched while at the county jail, alleged that strip searches of all incoming pre-trial detainees were unconstitutional and conducted on people booked into the jail on minor charges or by mistake.

Once the preliminary settlement is signed-off on by the presiding judge, the defendants, which include Valencia County as well as Cornell Companies, the private company that operated the corrections facility for several years, will pay the plaintiffs $3.3 million. The county will pay $2.145 million, while Cornell agreed to pay its share of the final settlement of $1.155 million. The 2 plaintiffs in the case will each receive $42,500.

Reportedly, as many as 630 people are potential class members, although the plaintiff's attorneys believe that only a fraction of those people will submit claims, and that there will likely be more than $2000 awarded per claimant.

Harry Waddell selected for inclusion in West Virginia Super Lawyers

blog@www.harrywaddell.com (news Author)7185 — Thu, 29 Jan 2009 08:00:00 EST

West Virginia Super Lawyers has chosen Harry Waddell for inclusion in its 2008 personal injury section. Selection is limited to the top five percent of attorneys practicing in West Virginia.

New Employment Case Filed September 7, 2007

hwad50@aol.com (blog Author)1005 — Mon, 17 Nov 2008 08:00:00 EST

On September 7, 2007 we filed a civil action on behalf of Lester T. Pigford in the Circuit Court of Berkeley County, West Virginia. The suit is a racial harassment, retaliation and wrongful discharge against Mr. Pigford's former employer of 17 years, Quebecor World Fairfield, Inc. The company operates a printing facility in Martinsburg. After 17 years working of the company, Lester was summarily fired for allegedly "sleeping" on the job because he closed his eyes for a few minutes trying to get rid of a headache. Lester, who is black, was fired with no warning although the company has not fired other white employees accused by the company of the same offense. It appears that Lester had become a target for making complaints of racial harassment against his immediate supervisor. Since his termination, the supervisor has received a promotion.

Interesting Article on Nursing Home Liability

hwad50@aol.com (blog Author)1090 — Mon, 17 Nov 2008 08:00:00 EST

Check out the article in the Library which details how large private investment firms are purchasing nursing homes and hiding the true owners to shield themselves from liability for substandard conditions. The typical pattern is this: the private investment firm purchases the nursing home and reduces costs by cutting back on necessary services in order to increase profits. In order to avoid legal responsibility when the substandard care causes injury or death to the nursing home patients, the investment firm hides the true owners by creating a complicated maze of interconnected corporations with little or no assets. Because the investment firms are not publicly traded corporations, they can hide disclosure that they are the true owners.

New whistleblower protection blog

hwad50@aol.com (blog Author)1525 — Mon, 17 Nov 2008 08:00:00 EST

The National Whistleblower Center has announced the creation of a new resource, The Whistleblower Protection Blog (www.WhistleblowersBlog.org). You can visit the blog to find: Updates on Whistleblower Legislation; Analysis of Major Whistleblower Legal Decisions and Issues; A Public forum for Discussing Whistleblower Issues; FAQs for Protecting Whistleblowers; and Information on the Latest Whistleblower Law Publications. You can find the link to the blog under the Resources section of this site.

A guide for investigating toxic chemicals

adambrown70@gmail.com (blog Author)2730 — Mon, 17 Nov 2008 08:00:00 EST

The following is an excellent protocol for online investigation of toxic chemicals devised by Janabeth Fleming Taylor, a well known litigation paralegal from Corpus Christi, Texas:

1. Get the CAS number for the chemical. This can be obtained by doing a Google search for "CAS number [insert chemical name]"

2. Go to the news tab of Google and see if any news articles have been published for the chemical.

3. Do a search on http://www.chemfinder.com/ using the chemical name or chemical number. This site links to other sites which discuss exposure and other issues.

4. Do a search on PUBMED found at: http://www.ncbi.nlm.nih.gov/entrez/query.fcgi and do a search for "chemical name AND morbidity", "chemical name AND mortality" and see what pops up. You can also search for chemical name and particular condition your client experienced after exposure.

5. Do a search of the NIOSH online guide to toxic chemicals found at: http://www.cdc.gov/niosh/npg/npgd0000.html.

These searches will provide you basic information about the toxic chemical in question and possible consequences of exposure.

Sexual Harassment and Termination Case Resolved

blog@www.harrywaddell.com (news Author)4941 — Mon, 02 Jun 2008 08:00:00 EST

A confidential settlement was reached in May 2008 between Sandra Lechliter and Martins Distributing Company over her claims of sexual harassment and wrongful termination. Ms. Lechliter was hired on April 24, 2006 in a sales and marketing position with the employer. Ms. Lechliter alleged that shortly after her employment began her immediate supervisor, Mark Hagley, began to sexually harass her. The harassment was alleged to have included inappropriate verbal advances, crude sexual comments and physical touching. Ms. Lechliter complained repeatedly to management personnel regarding the inappropriate conduct but no action was taken to stop the sexual harassment. On August 16, 2006, Ms. Lechliter filed a sexual harassment complaint in the Circuit Court of Berkeley County against Mark Hagley and Martins Distributing Company. Following the filing of her sexual harassment complaint, Ms. Lechliter alleged that the employer began retaliating against her by changing her job duties, writing her up for false reasons, refusing to provide light duty to accommodate her physical restrictions during her pregnancy and eventually, terminating her employment. On July 19, 2007, the Court allowed Ms. Lechliter to amend her complaint to allege a retaliatory discharge in violation of the West Virginia Human Rights Act. Shortly before trial both Mark Hagley and Martins Distributing Company settled with Ms. Lechliter for a confidential amount subject to a nondisclosure agreement.

New Employment Case Filed Against Mastec

blog@www.harrywaddell.com (news Author)4349 — Wed, 27 Feb 2008 08:00:00 EST

On February 26, 2008 Waddell Law Offices filed a wrongful termination in the Circuit Court of Berkeley County, West Virginia against Mastec Services Company, Inc. and Mastec North America, Inc. on behalf of plaintiff Philip C. Rotruck. Mr. Rotruck was employed by the defendants as a satellite dish installer for Direct TV. He was injured while at work and subsequently reguired knee surgery. Once he was released to return to work by his treating physician, the defendants claimed that he had "abandoned" his job. After prevailing on his unemployment claim that he was discharged through no fault of his own, the present civil action was filed in Circuit Court alleging that he was discharged in retaliation for filing a workers compensation claim. The civil suit also alleges that the defendants failed to accommodate his disability by providing temporary medical leave during his knee surgery and recovery.

Vacation pay must be paid now in Maryland

blog@www.harrywaddell.com (news Author)4005 — Thu, 03 Jan 2008 08:00:00 EST

Maryland's Department of Labor, Licensing & Regulation has Revised Its Opinion About Vacation Pay In Light of Catapult Technology, Ltd. v. Wolf. In Catapult Technology, Ltd. v. Wolf, a case of first impression, Maryland's Court of Special Appeals explicitly ruled that employees are entitled to receive compensation for accrued vacation pay at the conclusion of their employment, despite a provision in the employee handbook providing for forfeiture of the vacation pay. Following the Court's ruling, attorney Marc J. Smith contacted Maryland's Department of Labor, Licensing & Regulation and advised them that the information on their web site concerning an employee's right to receive compensation for vacation pay was no longer a correct statement of law in view of the ruling in the Wolf case. At that time, the DLLR website contained the following statement concerning whether unused vacation is payable to the employee at termination: "The answer to this question depends on the employer's policy, and whether this policy was communicated to the employee in advance. For example, if an employer informs employees at hiring that unused vacation leave will be lost or forfeited when employment ends, then an employee will probably not be able to claim it. On the other hand, where no policy exists or was made known in advance to a terminated employee regarding forfeiture of accrued vacation, the employee may receive the cash value of whatever unused earned leave was left -- provided it was otherwise usable." After Mr. Smith contacted DLLR to advise them of the holding in Wolf, the Agency modified their view on this issue. Now, in conformity with Wolf, DLLR's position on this issue is as follows: "When an employee has earned or accrued his or her leave in exchange for work, an employee has a right to be compensated for unused leave upon the termination of his or her employment regardless of the employer's policy or language in the employee handbook."

Brain surgery on wrong side of brain!

blog@www.harrywaddell.com (news Author)3743 — Tue, 27 Nov 2007 08:00:00 EST

For the third time this year Rhode Island Hospital has performed brain surgery on the wrong side of a patient's head. The third incident happened Friday during surgery on an 82-year-old man. Health officials have fined the hospital $50,000 and have ordered the hospital to reevaluate its procedures and surgery plans.

Harry Waddell elected President of Employment Lawyers Association

blog@www.harrywaddell.com (news Author)3631 — Sun, 28 Oct 2007 08:00:00 EST

Harry Waddell was elected President of the West Virginia Employment Lawyers Association (WVELA) at its Annual Conference held at the Woods Resort on October 27, 2007. WVELA is a state wide organization of employment lawyers providing representation and protection to employees who have been wrongfully terminated, harassed or discriminated against in the workplace. WVELA lawyers also assist employees in wage claims against employers who have failed their employees all the wages that they have lawfully earned. Mr. Waddell will serve as President of the organization for one year following his election at the WVELA Annual Conference on October 27, 2007.

Randy Funkhouser Cleared of All Charges

blog@www.harrywaddell.com (news Author)3589 — Wed, 17 Oct 2007 08:00:00 EST

Randy Funkhouser was cleared of all charges that he attempted to improperly influence the Racing Commission's decision to disqualify Forest Park, a horse owned by builder Dan Ryan, from a race at the Charles Town Races held on July 4, 2007. As a result of this decision, Mr. Funkhouser's occupational permit has been reinstated and he will permitted to run four of his horses in the West Virginia Breeder's Classic to be held on October 20, 2007. Mr. Funkhouser was represented by Harry Waddell and David Hammer in his successful challenge to Racing Commission suspension of his permit.

Settlement with Gemcraft Homes, Inc. for defective railing

blog@www.harrywaddell.com (news Author)3534 — Sun, 07 Oct 2007 08:00:00 EST

Our client, a Berkeley County school teacher, injured her back when a defectively installed railing gave way and she fell approximately four feet to the ground. She missed several days of work and underwent physical therapy at City Hospital. A claim was made against Gemcraft Homes, Inc. the company responsible for installing the railing. Nationwide Insurance paid our client $21,000 to settle the claim on behalf of its insured.

- Jury Orders Madison Square Garden to Pay for Harassment

blog@www.harrywaddell.com (news Author)3510 — Wed, 03 Oct 2007 08:00:00 EST

A Manhattan jury has ordered Madison Square Garden and its chairman to pay $11.6 million to a former female executive for creating a hostile work environment and retaliation. The jury's finding marks the end of lawsuit that accused New York Knicks' coach Isiah Thomas of making unwanted sexual advances toward the plaintiff and Madison Square Garden of firing her for filing a complaint. The trial judge is expected to rule on an additional $9.6 million in compensatory damages requested by the plaintiff in the coming weeks. Richard Sandomir, The New York Times 10/03/2007

Racial Discrimination Case

blog@www.harrywaddell.com (news Author)3361 — Fri, 07 Sep 2007 08:00:00 EST

Waddell Law Office has filed a suit on behalf of Lester T. Pigford against Quebecor World for racial discrimination and retaliation. Mr. Pigford had worked 17 years for Quebecor when the company summarily fired him for allegedly "sleeping" on the job when he shut his eyes for a few minutes to get rid of a headache. Lester, who is black, had previously complained of racial harassment by his immediate supervisor. Mr. Pigford's complaint alleges that white employees who were accused of sleeping on the job were not terminated. He is seeking lost income, general compensatory damages and punitive damages against Quebecor for violation of the West Virginia Human Rights Act. The Act protects employees from discriminatory treatment, retaliation and harassment on the basis of race.

Former Coach Sues Shepherd University

blog@www.harrywaddell.com (news Author)3305 — Thu, 30 Aug 2007 08:00:00 EST

David Trail, former women's softball coach, filed suit against Shepherd University in the Circuit Court of Jefferson County. The lawsuit arises from the University's handling of anonymous allegations of sexual harassment made against Trail in April 2007 and the University's subsequent failure to renew Coach Trail's contract. The complaint alleges that the University failed to follow its own procedures for investigating sexual harassment complaints and falsely reported that Trail had resigned. The Complaint also alleges that the University had openly expressed its desire to replace male coaches with female coaches for its women's sports and that its replacement of Coach Trail with a less qualified female coach violated the West Virginia Human Rights Act.

Berkeley County Settles with Bunker Hill Woman Attacked by Police Dog

blog@www.harrywaddell.com (news Author)3196 — Sun, 12 Aug 2007 08:00:00 EST

The Berkeley County Commission has paid $50,000 to Annjeana Moore for injuries she sustained on June 30, 2004 when she was severely bitten by a deputy sheriff's police dog. Ms. Moore was standing in the yard of her residence when the attack occurred. Deputy Thomas A. Young and Deputy Scott Myers of the Berkeley County Sheriff's office had responded to a call at the Moore residence to investigate an assault on a neighbor by a man who had fled the scene. After unsuccessfully attempting to track the assailant with his police dog, Deputy Young placed the dog in his cruiser with the window partially rolled down. During a verbal altercation between Deputy Young and a group of neighbors displeased with the Sheriff Department's response to the assault, the police dog jumped through the open window of the cruiser and attacked Ms. Moore inflicting severe bites to her leg and arm. She was transported by ambulance to City Hospital in Martinsburg where she received medical treatment. Deputy Young subsequently filed criminal charges against Ms. Moore claiming she had obstructed justice and committed a battery by kicking him. The charges against her were later dismissed for lack of evidence. After the charges against her were dropped, Ms. Moore filed suit in the Circuit Court of Berkeley County against Deputy Young for failing to properly control his police dog and against Deputies Young and Myers for filing false police reports leading to her arrest. Prior to the trial, the defendants agreed settle her claims paying $50,000 to Ms. Moore. Ms. Moore was represented by Martinsburg attorney, Harry Waddell. "As with all settlements the defendants admit no fault, however the amount of the settlement clearly indicates that the defendants believed that they would not fare well if the facts of this case were presented to a jury," said Mr. Waddell.

Martinsburg Woman Sues City for Negligent Maintenance of Sewer System

blog@www.harrywaddell.com (news Author)3197 — Sun, 12 Aug 2007 08:00:00 EST

A 77-year old resident of Martinsburg recently filed a complaint in the Circuit Court of Berkeley County charging the City of Martinsburg with negligence in keeping its sewer system open, in repair and free from nuisance. Plaintiff Dixie Hager is seeking compensatory damages for spine injuries she received when she slipped on her wet basement floor. City sewage had repeatedly backed up in her basement, causing her to fall on November 29, 2005. As a result of her fall, Ms. Hager incurred in excess of $77,000 in medical expenses and incurred additional expenses to clean, repair and modify her home. Ms. Hager's attorney, Harry Waddell, stated that the basis of the claim is the City's breach of its duty to keep its sewer line in adequate repair.