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Record Powerball Winner Sued for Sex-Related Assault

Insider BuzzInsider Buzz: Record Powerball Winner Sued for Sex-Related Assault

A female worker at Tri-State Racetrack & Gaming has accused Jack Whittaker, the winner of the largest single lottery jackpot in history, of assault and battery.

Charity D. Fortner, a floor attendant at the Nitro track, filed a lawsuit Tuesday against Whittaker, alleging he forced her head toward his pants while he gambled at the track in March 2003.

Fortner alleged Whittaker, who hit the $314.9 million Powerball jackpot on Christmas 2002, was gambling at the track with a female friend when the incident occurred. 

Fortner walked away and was replaced by another female attendant. Fortner alleges that Whittaker snapped the second woman's bra strap, and grabbed yet another woman's buttocks, although she did not see those incidents.

"The acts and conduct of [Whittaker] were outrageous in that they offended the generally accepted standards of decency and morality of the community," Fortner's lawsuit alleges.

Her lawsuit alleges common-law assault and battery against Whittaker. She asked a jury to award her an undisclosed amount of money in damages. Fortner still works at the track, according to her lawyer, Scott Segal.

No criminal charges were filed against Whittaker from the incident, and track officials handled it internally, Segal said.

The track's general manager, Cathy Brackbill, said she could not comment about any incident because it would violate a customer privacy policy. She said Whittaker is still allowed on the track's property.

But Segal said "he is not allowed in a room alone with female employees any longer." Brackbill would not confirm or deny that allegation.

Charleston lawyer Norman Daniels, who has represented Whittaker in the past, did not respond to a request for comment.

Whittaker of Scott Depot received a one-time $113 million lump sum lottery payment in 2002 and spent $14 million establishing the Jack Whittaker Foundation, a nonprofit which aims to help West Virginians find jobs, buy food or receive an education. But Whittaker also has been in the news for other reasons.

In January, he was charged with driving drunk and with trying to hit the manager of a St. Albans bar.

Last August, two employees of the Pink Pony strip club in Cross Lanes allegedly drugged Whittaker and tried to steal $545,000 from his Lincoln Navigator parked outside.

In January, someone stole $100,000 from the Navigator while it was parked outside his home.


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16 comments. Last comment 13 years ago by r_billerey.
Page 1 of 2
Lotto Czar's avatar - sam
Harrisburg, Pa.
United States
Member #3093
December 23, 2003
233 Posts
Posted: March 11, 2004, 6:07 am - IP Logged

Wow!  That's our Jack!  It's almost been tool ong (several weeks) since we heard from him.  Ha ha ha.  We were due for another JW story, thanks for not letting us down!

    plnwebguy's avatar - binary

    United States
    Member #3680
    February 11, 2004
    187 Posts
    Posted: March 11, 2004, 6:47 am - IP Logged

    I remember when he won and one of the first things he said was how he was giving a % of the winning to different churches.  I thought, now there's an upright, religious man, but then you read stuff like this and the strip club stories and think wow, was he like that before or did the money change him :)



      fxdwg's avatar - animal bear.jpg

      United States
      Member #2870
      November 25, 2003
      76 Posts
      Posted: March 11, 2004, 7:21 am - IP Logged

      Seems that with J

        fja's avatar - gnome1

        United States
        Member #91
        January 19, 2002
        12472 Posts
        Posted: March 11, 2004, 7:56 am - IP Logged

        This might have been the first Jack Whittaker incident...it says that it happened in March of 2003.....Looks like 2003 was a bad year for Jack!  Doesn't look like 2004 started any better for him

        "Everybody has to believe in something...I believe I'll have another beer!"   = W.C.Fields                      

          weshar75's avatar - Lottery-042.jpg
          Mcminnville, Oregon
          United States
          Member #3013
          December 13, 2003
          3381 Posts
          Posted: March 11, 2004, 8:29 am - IP Logged

          Man he must have been put on this earth for sheer comedy relief.  He just does it to himself over and over again.  Like the energizer bunny he keeps going and going! 

            United States
            Member #3522
            January 27, 2004
            372 Posts
            Posted: March 11, 2004, 9:27 am - IP Logged

            Some people just can't handle the fame and fortune. Poor Jack. When I hit THE BIG ONE I'll act like a perfect gentleman. I promise.

            Play responsibly and have fun,  Chas

              whodeani's avatar - lightening

              United States
              Member #2484
              October 9, 2003
              212 Posts
              Posted: March 11, 2004, 11:55 am - IP Logged

              I wouldn't put this by Jack, but I would have to put this one in the I am skeptical category. With that said I have to agree with liberal47. Jack cannot put himself in situations like this (private room with a female worker!!!!!) especially when he has lost some credibility with other incidents that have happened with him recently. He is setting himself up to be taken.


                United States
                Member #972
                December 30, 2002
                467 Posts
                Posted: March 11, 2004, 12:50 pm - IP Logged

                Perhaps Jack should 1)move far away and live under an assumed name for a while and 2)keep a low profile (no bars, strip clubs, race tracks or bags of cash in the car).  He has to know he is a lawsuit waiting to happen for any greedhead and their slimy lawyer looking for a quick settlement.

                  hypersoniq's avatar - 8ball
                  United States
                  Member #1340
                  April 6, 2003
                  2450 Posts
                  Posted: March 11, 2004, 2:44 pm - IP Logged

                  jack stories again, that means the 7 is due as the PB number soon...

                  Playing more than one ticket per game is betting against yourself.

                    kbcherokee's avatar - buffalo2
                    United States
                    Member #1712
                    June 20, 2003
                    1549 Posts
                    Posted: March 11, 2004, 4:42 pm - IP Logged


                    Ol' Jack... At it again huh? The next thing we will see is Jack's wife filing in the Court. And there goes the "WHOLE" wadd then.

                    I feel so sorry for his wife and family.


                    May the warm winds of heaven blow softly upon your house. May  the Great Spirit bless all who enter there. May your mocassins make happy tracks in many snows. And may the rainbow always touch your shoulder.

                      plnwebguy's avatar - binary

                      United States
                      Member #3680
                      February 11, 2004
                      187 Posts
                      Posted: March 11, 2004, 4:43 pm - IP Logged
                      Quote: Originally posted by fja on March 11, 2004

                      This might have been the first Jack Whittaker incident...it says that it happened in March of 2003.....Looks like 2003 was a bad year for Jack!  Doesn't look like 2004 started any better for him

                      fja - thanks for pointing out the year, I missed it the first time I read it, I just assumed it happened recently.  I wonder why she waited a year to file it - she must have been legally running out of time to do so.



                        Todd's avatar - Cylon 2.gif
                        Chief Bottle Washer
                        New Jersey
                        United States
                        Member #1
                        May 31, 2000
                        23820 Posts
                        Posted: March 11, 2004, 4:58 pm - IP Logged

                        Either that, or it's just the tortoise-like legal system at work.  (Or not at work.)


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                          New Jersey
                          United States
                          Member #3457
                          January 22, 2004
                          248 Posts
                          Posted: March 11, 2004, 6:00 pm - IP Logged

                          Jack is a perfect example of what NOT to do when you win the lottery.  Rich or not, he's a total ass.

                          That person in New Hampshire who won and is still not identified is the opposite.

                            Magnu$'s avatar - nw logo.jpg
                            New Member

                            United States
                            Member #3416
                            January 20, 2004
                            9 Posts
                            Posted: March 12, 2004, 4:36 am - IP Logged

                            Oh come on now. He said how he was going to give away so much to good causes. He gave an "undisclosed amount to Charity"Charity Seems to have the right Idea!

                            "In the codes of the warriors, there is a saying; 'Be strong, and do as you will. The swords of others will set you your limits.'" --p.10, Marauders of Gor