Powerball Jack Back in Court

Thursday, May 11, 2006 posted 03:26 AM EDT

Powerball winner Jack Whittaker is settling a lawsuit that accused him of assault.

Charity Fortner worked at Tri-State Racetrack and Gaming Center in Nitro. She claims Whittaker forced her head into his crotch while he gambled at the racetrack in March of 2003.

The judge and jury were ready to go to trial Wednesday morning, but the two sides agreed to a settlement.

Fortner's Attorney, Scott Segal said, "What I can tell you is I'm tired, I'm glad I get to go home, the matter was resolved, and I have no further comment than that."

Fortner's suit asked for an undisclosed amount of money in damages. The agreement keeps the case from going before a jury.

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