Western is heading into the summer with five pending lawsuits.

The university will have to defend itself in four cases against alleged civil rights violations, wrongful death, injury and discrimination.

It will be defending its use of eminent domain condemnation in the fifth lawsuit.

Western vs. Clark, et al

Warren County Circuit Court Judge Steve Wilson awarded the property at 1672 Normal St. to the university in an eminent domain condemnation hearing March 4.

H.B. Clark Jr., who has been acting on behalf of the family who owned the property, filed an appeal of the decision and exceptions to the value set by the court.

The court appraisers set the value of the property at $204,500. Clark had the property appraised at $315,400, but Western’s appraisers valued the property at $152,000.

According to a legal summary by General Counsel Deborah Wilkins, Western has filed a motion to dismiss the appeal and expects a decision from the court this summer.

No trial date has been set for the jury trial to determine the value of the property.

Junlian Zhang vs. Western

A visiting scholar who was contracted by Western to conduct research is suing the university on five counts of alleged civil rights infringements.

Junlian Zhang, through her attorney Pam Bratcher, filed a complaint with the Warren County Circuit Court on Nov. 17, 2007.

She alleges in the complaint that her supervisor at the Institute of Combustion Science and Environmental Technology, Wei-Ping Pan, violated four civil rights acts and caused intentional infliction of emotional distress.

The case is currently in the discovery process.

Bratcher said she believes they will begin taking the depositions of Zhang and Pan in June and hearings will begin in early 2009.

“I expect the discovery process will yield some interesting information regarding some of the international scholars and the working conditions at ICSET,” Bratcher said.

Zhang is suing for compensatory damages, punitive damages and reinstatement of employment.

Autry Estate vs. Western

The Kentucky Board of Claims will hear testimony in a wrongful death claim against Western on Aug. 13 and 14.

The estate of the Pellville freshman Melissa “Katie” Autry, who was murdered in 2003, filed claims with the Warren County Circuit Court, but the Kentucky Supreme Court ruled in 2005 that Western has governmental immunity.

This means that the claim will be heard by the board, a court set up by the state to deal with claims against the state, rather than a trial jury.

Hearing officer Jan West will hear the complaint.

The Autry estate will have to prove Western failed to perform a clearly defined written policy.

Ben Crocker, the attorney representing the estate, said he feels confident he can prove that.

“They admitted their procedure was to lock doors and, for whatever reason, they didn’t do it,” he said.

If West rules in favor of the estate, the maximum that can be paid will be $200,000, and the court doesn’t compensate for pain and suffering.

Compensation would be paid by the state, not Western.

Ledbetter vs. Western

A former student filed an appeal on the ruling against negligence in his injury suit against Western on April 4.

Patrick Ledbetter filed a claim with the Kentucky Board of Claims alleging that Western was at fault for the injuries he sustained when he fell from an elevator in Cherry Hall while in his wheelchair.

The board ruled in favor of Western on Feb. 21.

The Warren County Circuit Court is reviewing the case to determine whether the board had sufficient reason for its ruling.

According to Wilkins’ legal summary, the case is currently under review.

Ledbetter’s sum of damages is $74,616, but the appeal goes on to list future costs for spinal surgery and attorney’s fees.

Ingrid Woods vs. Western

The attorney representing a former Western employee in a discrimination lawsuit against Western has asked for a fifth postponement.

Ingrid Woods, former assistant director of the Academic Advising and Retention Center, filed suit Nov. 3, 2006.

In her claim, she alleges that Western administrators changed the requirements for the position of director of the advising and retention center when she applied to prevent her from being eligible because she is Hispanic.

The requirements were changed from a master’s degree to a doctorate.

Trial date was originally set for June 4, 2007 but was postponed at the request of Woods’ attorney, David Broderick.

Trial was postponed again when the attorney representing her case moved to a job in another county.

Kevin Hackworth, attorney at Broderick and Associates law firm, resumed work on the case and requested postponement for time to get the case together.

Woods is suing for damages, including the pay increase she would have received if she had been promoted and punitive damages for emotional distress.

Reach Holly Brown at news@chherald.com.