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Metal on Metal Hip Replacements Are Failing at High Rates
Metal-on-metal hip replacements in which the device's ball and joint are both made of metal have been failing at a high rate instead of lasting 15 years or more
Waddell obtains positive ruling at Fourth Circuit Court of Appeals
Upon appeal of a refusal to grant summary judgment by the defense, attorney Harry P. Waddell obtains positive ruling for client at the Court of Appeals
Retaliation and Discrimination Suit filed against Post Office
Post Master was discriminated and retaliated against when she was unable to work due to an injury in her feet.
Job Rights Reinstated For Discharged Employee
Jack McFarlan who filed suit against Walgreens last month has been made an unconditional offer of reemployment by Walgreens. The unconditional nature of the offer means that Mr. McFarlan may proceed with his suit against Walgreens which was filed in the Circuit Court of Berkeley County, West Virginia
Jury Verdict in favor of defamed client
A local jury found that client George Privitera, who filed a defamation lawsuit against Jefferson County Commissioner Patsy Noland, was defamed by comments Noland made against him in an internet post.
Retaliation suit filed against Applebee's in Martinsburg, WV
Nikki McClain alleges that Applebee's violated the West Virginia Human Rights Act by terminating her employment in retaliation for her reporting multiple incidents of racial and sexual harassment in the employer's Martinsburg, West Virginia restaurant.
Suit Against Jefferson County Parks and Recreation Commission
Charles Town resident sues track for race and age discrimination
Suit filed against Walgreens for racial discrimination
Plaintiff sues for violation of Wage Payment and Collection Act
Client files suit for violation of Wage Payment Collection Act
Suit filed in car accident case
Waddell named top 100 Lawyer
Woman terminated for excessive abscences as a firefighter
Woman allegedly fired for absences as a volunteer firefighter
Client sues Royal Vendors for wrongful termination
Martinsburg Couple files personal injury suit over unsafe conditions
Couple files suit over injuries sustained because of unsafe conditions at a local business.
Kearneysville man sues for discrimination and invasion of privacy
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.
Plaintiffs sue for wrongful termination
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.
Martinsburg woman sues area nursing home and facility staff
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.
Wrongful discharge case filed against Wal-Mart by former pharmacist
Former Wal-Mart pharmacist David Wasanyi has filed a retaliatory discharge action against Wal-Mart in the Circuit Court of Berkeley County, West Virginia. Mr. Wasanyi alleges that he was terminated by Wal-Mart after complaining about understaffing at the pharmacy at Wal-Mart's Spring Mills store in Berkeley County, West Virginia. Mr. Wasanyi was the pharmacist-in-charge at the pharmacy prior to his discharge. He contends that he was forced to work 13 hour days, seven days a week and to perform the work of four pharmacists due to Wal-Mart's understaffing at the Spring Mills pharmacy. When he complained to Wal-Mart that the understaffing was compromising patient safety in violation of West Virginia law, he alleges that Wal-Mart retaliated by discharging him. Judge Gray Silver is assigned to handle the case which was filed by Mr. Wasanyi's attorney Harry Waddell of Martinsburg, West Virginia.
Client sues Charles Town Race Track for Race and Disability Discrimination
Bailey Busey worked at Charles Town Races as a starter until he was injured placing a horse in a stall. When he returned to work with lifting restrictions he was put to work in the racing office where he performed well. When full time positions became available in the office he applied but was not hired. He was eventually discharged by the employer. He is seeking damages for back pay, reinstatement, front pay, loss of future earnings and punitive damages.
Man says he was fired by employer for cooperating with the police
We have filed an employment case on behalf of David Reed who alleges that he was fired by the Winchester Auto Dealers Exchange in retaliation for providing the police information concerning a crime they were investigating.
Suit filed for 16 year old boy who alleges that he was sexually assaulted by counselor at Board of Child Care
Suit filed in the Berkeley County Circuit Court against the counselor and the Board of Child Care for alleged sexual abuse of a minor.
Class action settlement for pretrial detainees who were strip searched at correctional center
$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.
Harry Waddell selected for inclusion in West Virginia Super Lawyers
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.
Sexual Harassment and Termination Case Resolved
Sexual Harassment Case Against Local Employer and Supervisor Results in a Confidential Settlement
New Employment Case Filed Against Mastec
Wrongful termination case filed against Mastec for workers compensation retaliation and disability discrimination.
Vacation pay must be paid now in Maryland
Maryland's Department of Labor has revised its opinion about vacation pay in light of the court's decision in Catapult Technology, Ltd, v. Wolf
Brain surgery on wrong side of brain!
For the third time this year Rhode Island Hospital has performed brain surgery on the wrong side of a patient’s head.
Harry Waddell elected President of Employment Lawyers Association
Harry Waddell assumed the Presidency of the West Virginia Employment Lawyers Association at its Annual Conference at the Woods Resort on October 27, 2007.
Randy Funkhouser Cleared of All Charges
Hearing Examiner finds that Racing Commission failed to prove its charges against Randy Funkhouser
Settlement with Gemcraft Homes, Inc. for defective railing
Nationwide Insurance pays $21,000 to client to settle claim against Gemcraft Homes
- Jury Orders Madison Square Garden to Pay for Harassment
Racial Discrimination Case
Case Filed Against Quebecor World for Discriminatory Discharge of 17 year Employee
Former Coach Sues Shepherd University
David Trail files suit against Shepherd University for defamation and sex discrimination
Berkeley County Settles with Bunker Hill Woman Attacked by Police Dog
Berkeley County Commission pays client attacked by police dog.
Martinsburg Woman Sues City for Negligent Maintenance of Sewer System

Metal on Metal Hip Replacements Are Failing at High Rates

Until recently, all metal hip replacements were one-third of the hip replacements performed in the United States each year. An all metal model implanted in over 40,000 patients in the United States was recalled last year by the DePuy division of Johnson & Johnson. Over 3,500 paitents have filed lawsuits involving the DePuy implant. The manuafactuers of the hip implants have responded in various ways to patient complaints regarding the implants. Zimmer Holdings has settled hundreds of claims and DePuy is covering costs associated with its recall of the A.S.R. or Articular Surface Replacement device. DePuy also faces over 560 lawsuits involving another all metal hip replacement device called the Pinnacle.

Waddell obtains positive ruling at Fourth Circuit Court of Appeals

Steven Witt, through his attorney Harry Waddell, brought a § 1983 Fourth Amendment excessive force case against the West Virginia State Police and three troopers. After dismissing Witt's claims against the State Police and the troopers in their official capacity, the district court refused to grant summary judgment to the troopers in their individual capacity. Contending that qualified immunity protects them from suit, the troopers timely noted an interlocutory appeal.

However, after submitting written briefs and hearing oral arguments, the Fourth Circuit Court of Appeals dismissed the appeal in favor of Steven Witt. The Court reasoned that "the documentary evidence in this case—the dashboard video—does not "blatantly contradict[ ]" Witt's account of the facts; therefore, it "does not establish that the officers are entitled to summary judgment." See York v. City of Las Cruces, 523 F.3d 1205, 1210-11 (10th Cir. 2008) (refusing to direct grant of summary judgment when an audio tape recorded "only part of the incident involving the [plaintiff] and the police officers"); Blaylock, 504 F.3d at 414 (holding documentary evidence did not establish that plaintiff's version of events was "blatantly and demonstrably false"); see also United States v. Hughes, 606 F.3d 311, 319-20 (6th Cir. 2010) (finding Scott inapplicable, in determining probable cause for search, when documentary evidence made party's account of disputed fact merely "`unlikely,'" rather than "utterly discredited" (internal quotation omitted)). Moreover, the troopers' attempt to "rehash[ ] the factual dispute below" provides no basis for interlocutory appeal of the district court's order denying summary judgment on qualified immunity grounds. Iko, 535 F.3d at 235."

The Court concluded that, "Since the troopers seek to appeal from an order that simply determines that "the pretrial record sets forth a `genuine' issue of fact for trial," Johnson, 515 U.S. at 320, we must dismiss the appeal for lack of jurisdiction."

This judgment will allow Mr. Witt to proceed with his case in the District Court. Attorney Harry P. Waddell of Martinsburg represents Mr. Witt.

Retaliation and Discrimination Suit filed against Post Office

Sina Woods contends that she was discriminated against and retaliated against while she was employed by the United States Postal Service as Postmaster at its Shady Spring Post Office in Shady Spring, West Virginia. Over a period of time, the plaintiff contends that her ailing health prohibited her from being able to work her full duties as Postmaster at the Shady Spring Post Office. After several doctor visits, the Plaintiff was diagnosed with severe plantar fasciitis. Due to the pain suffered from this diagnosis, Plaintiff was limited in the amount of work she was able to do. Plaintiff made a request for reasonable accomodation for light duty due to her pain. In May 2003, Plaintiff preseneted an additional request for accommodation asking for her work week not to exceed 20 hours per week. In July 2003, after Plaintiff submitted her Notice of Occupational Disease and Claim for Compensation to the Office of Workers' Compensation Program, a case manager from OCWP inquired into the reasonable accommodations.
In September 2003, Plaintiff's podiatrist updated medical information to OCWP and again diagnosed her with heelspurs and plantar fasciitis. Between November 2003, and April 2004, Plaintiff, through her doctor, submitted multiple requests to extend her reasonable accommodations due to chronic plantar fasciits. On April 15, 2004, Plaintiff has surgery on her right foot in an attempt to alleviate her pain.

In May 2004, Plaintiff's podiatrist concluded that Plaintiff was unable of performing her usual job and was restricted from walking or standing more than two hours and certified that Plaintiff's restrictions were permanent. In January 2005, Plaintiff's OWCP representative sent a letter asking to formulate an appropriate modified job offer. After posting plaintiff's old job in March 2005, Gregord Acord was permanntly assigned Plaintiff's prior title of postmaster at Shady Spring Post Office. Plaintiff claims that her request for reasonable accommodations were refused, prohibiting her to return to a comparable position.

Plaintiff claims that she was an individual with a disability, was qualified for the postion of Postmaster of Shady Sping Post Office, and that she was denied reinstatement to her position because of her disability. Plaintiff further contends that the defendant was aware of Plaintiff's disability, that Plaintiff was able to perform her essential functions of position of Postmaster, and that Defendant failed to engage in an interactive process to provide Plaintiff with a reasonable accommodation. Additionally, Plaintiff contends that defendant's failure to reinstate her to position as Postmaster or to engage in an interactive process with Plaintiff and accommodate her disability was in retaliation for her prior participation in protected EEO activity.

Plaintiff requests relief through compensatory damages, reinstatement to her position as Postmaster, back pay, lost future earnings, attorney's fees and costs, and prejudgment and post-judgment interest. The Plaintiff is represented by employment attorney Harry P. Waddell of Martinsburg.

Job Rights Reinstated For Discharged Employee

As reported earlier, Jack McFarlan, was hired to work as a photo specialist at the Martinsburg Walgreens on January 12, 2009. During the course of his employment, he frequently was required to work with a white supervisor named Tim Jeffries. The plaintiff contends that in his presence Tim Jeffries repeatedly used racially offensive slurs, including repeated use of the word "nigger". Plaintiff reported Mr. Jeffries' us of racially offensive slurs to his supervisor on numerous occasions but no action was taken to to end the conduct. The complaint also alleges that on or about March 11, 2010, Jeffries referred to the plaintiff as "nappy head." When the plaintiff confronted Jefferies about the racial slur he was ordered to go home. When he returned to work the next day, he was discharged for allegedly arguing with a supervisor.

On November 23, 2010, Walgreens offered Mr. McFarlan reinstatement to his job. The offer was unconditional, allowing Mr. McFarlan to proceed with his suit alleging that he was discharged in retaliation for reporting racial harassment. Both the alleged harrasser and the store manager are no longer employed by Walgreens.

Jury Verdict in favor of defamed client

A jury of four men and two women deliberated for about 45 minutes Wednesday before finding that Jefferson County Commissioner Patsy Noland defamed a county employee last year by posting comments critical of his job performance on the Internet. The jury awarded Privitera compensatory and punitive damages. Privitera's Attorney, Harry P. Waddel, while wishing the jury would have awarded more in punitive and compensatory damages, was pleased with the outcome of the two-day jury trial noting that the verdict was proof that Noland's comments regarding Privitera represented a "willful, reckless disregard for his rights."

Retaliation suit filed against Applebee's in Martinsburg, WV

Nikki McClain contends that she was fired by Applebee's after reporting that management in its Martinsburg, West Virginia restaurant condoned multiple incidents of racial and sexual harassment. On June 15, 2010 the plaintiff met with Applebee's Area Supervisor to discuss the use of racial slurs in the workplace, sexual harassment and other misconduct occuring at the Martinsburg restaurant. Ms. McClain alleges that she was told that an investigation of her complaints would be conducted and that she would be notified by Applebee's after it was completed. Instead, she was later informed the Applebee's human resources department that she was no longer an employee of the defendant. She is seeking back pay, lost future earnings, damages for humilation and emotional and mental distress and her attorney's fees and cost. Ms. McClain is represented employment lawyer Harry Waddell. Her case is pending in the Circuit Court of Berkeley County, WV.

Suit Against Jefferson County Parks and Recreation Commission

Former Executive Director of the Jefferson County Parks and Recreation Commission filed suit in the Circuit Court of Jefferson County on October 13, 2010 alleging that he was wrongfully discharged in violation of the West Virginia Open Governmental Proceedings Act and the West Virginia Human Rights Act. The plaintiff also alleges that the Commission President defamed him and invaded his privacy by disclosing to the press false allegations of forgery made in an executive session of the Commission. He seeks reinstatement with full back pay and compensation for humiliation and mental distress.

Charles Town resident sues track for race and age discrimination

MARTINSBURG-- A Charles Town man has filed suit against PNGI Charles Town Gaming, LLC, dba, Charles Town Races and Slots for race and age discrimination. The plaintiff is a black male over forty years of age. The plaintiff began working in the security department at PNGI in August 2000. He was promoted to the position of supervisor within the security department in 2003. On December 27, 2009, he was asked to escort a patron from the premises of the casino. The patron asked the plaintiff to take him to Wendy's or McDonalds so he could get something to eat while he waited for a ride. Plaintiff acquired a mobile driver and transported the plaintiff to Wendy's.

On December 31, 2009, the plaintiff was informed he was being investigated for allowing an patron to be dropped off at Wendy's. On January 6, 2010, the plaintiff was terminated and replaced by a substantially younger, white female.

The complaint alleges that race and age were motivating factors in the decision to terminate the plaintiff and that he was treated less favorably than similarly situated younger white employees within the security department under the same or similar circumstances.

Plaintiff seeks compensatory damages for humiliation, loss of dignity, mental and emotional stress, lost wages, and loss of future anticipated earnings as a result of the above stated conduct. Plantiff also requests back pay, reinstatement, front pay, lost of future anticipated earnings, and punitive damages in an amount to be proven at trial, plus his costs and attorney's fees, and pre-judgment and post judgment interest. Martinsburg attorney Harry P. Waddell is representing the Plaintiff in this matter.

Suit filed against Walgreens for racial discrimination

MARTINSBURG---A Berkeley County man has filed suit against Walgreens for alleged racial discrimination. Plaintiff, Jack McFarlan, was hired to work as a photo specialist at the Martinsburg Walgreens on January 12, 2009. During the course of his employment, the plaintiff frequently was required to work with a white supervisor named Tim Jeffries. Plaintiff contends that in his presence, Tim Jeffries repeatedly used racially offensive slurs, including repeated use of the word "nigger". Plaintiff reported Mr. Jeffries' us of racially offensive slurs to his supervisor on numerous occasions but no action was taken to to end the conduct.

The complaint alleges that on or about March 11, 2010, Jeffries referred to the plaintiff as "nappy head." When the plaintiff confronted Jefferies about the racial slur and was ordered to go home. When the plaintiff returned to work the next day, he was discharged for allegedly arguing with a supervisor.

Plaintiff claims that during his employment with Walgreens, he was subjected to a continuing course of unwelcome and offensive harassment because of his race, black, by Walgreens through the conduct of its supervisor. Such harassment created a hostile work environment on the basis of race. Plaintiff claims that he was discharged, in whole or in part, for reporting and opposing racial harassment in the workplace.

Plaintiff requests a permanent injunction enjoining Walgreens from engaging in race discrimintaion in West Virginia, compensation for his past and future losses, punitive damages, and his attorney's fees and costs.

Martinsburg attorney Harry P. Waddell represents the plaintiff in this matter.

Plaintiff sues for violation of Wage Payment and Collection Act

Martinsburg--Mr. Thomas Lopresti has filed suit against PNGI Charles Town Gamming, LLC, for violating the West Virginia Wage Payment and Collection Act. My. Lopresti's Complaint states that he began working at PNGI on June 21, 2010, and was involuntarily discharged from employment on September 3, 2010. The Complaint further states that at the time of his discharge, Mr. Lopresti was owed $1893.52 in accrued wages and that Defendant PNGI failed to pay Mr. Lopresti within seventy-two hours of his termination as required under West Virginia Law.

As a result, Mr. Lopresti claims that Defendant PNGI is liable to the plaintiff for liquidated damages in the amount of $5,680.56. Additionally, Mr. Lopresti requests that all prejudgment and postjudgment interest as well as reasonable attorney's fees and costs be awarded. Martinsburg attorney Harry P. Waddell represents Lopresti.

Suit filed in car accident case

Martinsburg- Plaintiff Jeanine Beckley-Geirermann, a resident of Berkely Springs, has filed suit against Mr. Samuel Beitler, Jr. In the Complaint, Beckley-Geirermann states that on September 25, 2008, at approximately 6:20 a.m., she was traveling east on Route 9 in Berkeley County, West Virginia. At the same date and time, Plaintiff contends that defendant Beitler was sitting his car at the intersectino of Route 9 West and the G.M. Access Road. Plaintiff claims that although Defendant observed Plaintiff approaching, he attempted to turn left into a Shell Gas Station parking lot. Defendant's vehicle was struck in the right rear side by the plaintiff as she was lawfully traveling in the east bound lane. As a result of the collision, Trooper Campbell of the West Virginia State Police cited defendant with the improper use of a turn only lane in violation of West Virginia Code. Plaintiff states that as a direct and proximate result of the defendant's negligence in failing to yield, she has sustained permanent bodily injuries and physical imparments, incurred medical expenses for treatment of injuries and loss of income, and suffered, and will in the future suffer physical and mental pain and lost enjoyment of life. Plaintiff has demanded judgment against the defendant in an amount to be determined at trial. Martinsburg attorney Harry P. Waddell represents Ms. Beckley-Geiremann.

Waddell named top 100 Lawyer

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.

Woman terminated for excessive abscences as a firefighter

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

Woman allegedly fired for absences as a volunteer firefighter

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

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.

Martinsburg Couple files personal injury suit over unsafe conditions

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

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

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

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.

Wrongful discharge case filed against Wal-Mart by former pharmacist

Client sues Charles Town Race Track for Race and Disability Discrimination

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.

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

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

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.

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

$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

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.

Sexual Harassment and Termination Case Resolved

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

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

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!

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

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

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

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

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

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

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

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

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.