Record Powerball Winner Sued for Sex-Related Assault

Mar 11, 2004, 5:29 am (16 comments)

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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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Lotto Czar's avatarLotto Czar

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 avatarplnwebguy

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 avatarfxdwg

Seems that with J

fja's avatarfja

This might have been the first Jack Whittaker 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

weshar75's avatarweshar75

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! 


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 avatarwhodeani

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.


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 avatarhypersoniq

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

kbcherokee's avatarkbcherokee


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.


plnwebguy's avatarplnwebguy
Quote: Originally posted by fja on March 11, 2004

This might have been the first Jack Whittaker 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 avatarTodd

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


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$'s avatarMagnu$

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!

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