Woman refuses to end lawsuit [Charleston Daily Mail, W.Va.]

Jan. 06--It has been seven years since Louise Godbey, a former Kanawha school cook, was sued by the labor organization she once headed.

At 87, she's still in the ring fighting them. Her case goes to trial later this month for the second time.

Godbey, once president of the West Virginia School Service Personnel Association, became embroiled in a controversy when longtime executive secretary Ken Legg was replaced by Bob Brown in 2005.

She was shocked and dismayed when Legg, the group's founder, was maneuvered into retirement. And she wanted the rest of the 7,000 members -- school cooks, bus drivers, janitors and secretaries -- to be outraged, too.

She and another member, Sandra Shaffer, put their sentiments into a letter and mailed it to all members. But new WVSSPA officials accused them of the theft of organization materials and postage and sued her to recover "stolen assets."

Godbey and Shaffer countersued, saying Brown and president Jackee Long defamed and humiliated them in a second letter sent to the membership. At a 2008 trial, six jurors agreed and awarded the women a surprising $400,000 apiece.

But it wasn't over.

Kanawha Circuit Judge Jennifer Bailey agreed to review that verdict and decided it wasn't reasonable. She reduced it to $40,000 apiece.

Shaffer accepted the money. Godbey did not.

Both sides appealed to the state Supreme Court, but the justices declined to hear the case.

This month, a new jury will determine how much money Godbey should get to compensate her for emotional distress and a damaged reputation. Kanawha Circuit Court Judge Paul Zakaib will preside.

"Lordy, no, I never thought this thing would go on this long," Godbey said. "It's really rough.

"I think they were just sitting there hoping I passed away," she admits. "But that's what gives me even more incentive."

Godbey's attorney, Ben Bryant, said that while she is legally blind, hard of hearing and not as mobile as she once was, she is ready to go to court yet again in the long battle.

"The jury will understand the issue of liability has been resolved," Bryant explained. "The first verdict was for actual malice -- that the defendant knew the truth and was making false statements.

"This time they just have to pull a number out of a hat," he said.

He noted a marked disparity between Godbey's verdict and the one for a Charleston Area Medical Center physician whose trial took place at about the same time over his controversial self-insurance plan.

A jury gave Dr. R.E. Hamrick$25 million -- a judge later reduced that to $10 million for his sullied reputation.

"I can't help but see the discrimination there," Bryant said. "$10 million for a doctor, but for a school cook and old person?"

He said, "I've come to admire her so much. With her, it is truly not about the money. It's about her reputation."

Godbey doesn't want to talk about dollars and cents, except to say that any money she receives will go toward education funds for her great grandchildren.

But she's as sure as ever that she deserves the money.

"It's payback time," she said.

Contact writer Cheryl Caswell at [email protected] or 304-348-4832.

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