Akers v. Cabell Huntington Hospital, Inc.

599 S.E.2d 769, 215 W. Va. 346
CourtWest Virginia Supreme Court
DecidedJuly 2, 2004
Docket31586
StatusPublished
Cited by10 cases

This text of 599 S.E.2d 769 (Akers v. Cabell Huntington Hospital, Inc.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Akers v. Cabell Huntington Hospital, Inc., 599 S.E.2d 769, 215 W. Va. 346 (W. Va. 2004).

Opinions

ALBRIGHT, Justice.

Lisa Akers appeals from the January 3, 2003, order of the Circuit Court of Cabell County through which the trial court directed a verdict in favor of Appellee Cabell Huntington Hospital, Inc., (“Hospital”) in connection with the sexual harassment and reprisal lawsuit she brought against the Hospital.1 In granting a directed verdict, the lower court ruled that Appellant’s failure to introduce the testimony of a psychiatrist for the purpose of causally connecting her alleged medical injuries to the allegations of sexual harassment was fatal to her claim based on the trial court’s position that Ms. Akers only sought damages for specific psychological conditions.2 Upon our full review of the record submitted in this ease, we determine that the lower court committed error by refusing to allow Appellant’s case to proceed to the jury in view of the fact that she demonstrated a prima facie case of sexual harassment and because she sought incidental damages in addition to specific damages for her alleged psychological injuries. Accordingly, we reverse and remand.

[350]*350I. Factual and Procedural Background

Appellant was hired by the Hospital on August 4, 1983, to work as a registrar in the admissions department. In 1991, she applied for and received an internal transfer to the Hospital’s medical records department. In her position as a Medical Records Technician I, Appellant was responsible for retrieving patient’s medical charts per the requests of physicians; obtaining the physicians’ signatures with regard to the removal of those charts; and refiling those same documents upon their return. Within a short time of her transfer to the medical records department, Appellant alleges that her supervisor, Larry Ball, who was the Director of Medical Records, began subjecting her3 to various inappropriate and offensive acts that were sexually suggestive. Those acts included unsolicited and improper physical contact; emotionally abusive and intimidating comments; and threatening remarks involving a knife.

After complaining about Mr. Ball’s allegedly offensive behavior and comments to her immediate supervisor, Ginger Charles, her complaints of sexual harassment were made known to Mr. Ball in Appellant’s presence during a meeting that took place on December 7, 1993. Within six weeks after this meeting, a flurry of disciplinary write-ups regarding Appellant’s work performance were lodged by the Hospital. The record indicates that there were seven disciplinary actions filed against Appellant between February 3, 1994, and April 26, 1994.4 In connection with the final disciplinary incident5 during this period, Appellant was suspended for a three-day period. Ms. Akers views this rash of disciplinary actions as retaliation taken by the Hospital in connection with the complaints she voiced about Mr. Ball’s alleged sexual harassment of her.6

In September 1994, Appellant’s office location was physically moved fi*om what was referred to as the “bullpen” — the main location of medical records — to a workspace across the hall. Although she was still classified as Medical Records Technician I, Appellant’s duties changed from obtaining physicians’ signatures to verifying that the doctors had completed their patients’ medical records before such records were bound and entered into the medical records archive. Despite this modification in job duties, Appellant’s wage rate, benefits, and hours of employment remained the same.

Appellant’s last date of active employment at the Hospital was December 11, 1996. On this date, Appellant took a medical leave of absence, alleging that she was unable to perform her job duties as a result of ongoing harassment from Mr. Ball.7 To this date, Appellant has not retened to work at the Hospital. The Hospital maintains it never terminated Appellant,8 and that upon the presentation of a physician’s release combined with the availability of a position for which she is qualified, Ms. Alters can be returned to active employment.

On May 11, 1998, Appellant filed a complaint in the circuit court against both the Hospital and Mr. Ball,9 alleging sexual harassment and reprisal in connection with her reporting of Mr. Ball’s alleged inappropriate conduct. Through her complaint, Ap[351]*351pellant avers that she suffers from depression, post-traumatic stress disorder, and acute situational anxiety disorder as a result of the alleged sexual harassment. Appellant claims that the onset of these psychological disorders have permanently and totally disabled her from being gainfully employed.

The trial of this matter commenced on November 6, 2002. At the end of Appellant’s case-in-chief, the Hospital moved for a directed verdict. The Hospital argued that Appellant had failed to prove a prima facie case of sexual harassment because no “qualified medical expert [came] forward to testify that the underlying medical condition from which [she] suffered] was actually or proximately caused by” the alleged sexual harassment. In granting the directed verdict, the trial court reasoned that Appellant was required to introduce testimony from a psychiatric expert “to prove that the Defendant’s conduct caused her injury,” based on her structuring of the case around a medical condition. The trial court denied Appellant the opportunity to present her case to the jury based on its view that her psychological injuries could not be established without the expert testimony of a psychiatrist.

In response to the trial court’s granting of a directed verdict, Appellant moved for a new trial and the trial court denied this motion. Appellant seeks a reversal of the trial court’s rulings on the granting of a directed verdict and the denial of a new trial, and requests that she be permitted to present her ease to a jury.

II. Standard of Review

As we explained in syllabus point three of Brannon v. Riffle, 197 W.Va. 97, 475 S.E.2d 97 (1996),

The appellate standard of review for the granting of a motion for a directed verdict pursuant to Rule 50 of the West Virginia Rules of Civil Procedure is de novo. On appeal, this court, after considering the evidence in the light most favorable to the nonmovant party, will sustain the granting of a directed verdict when only one reasonable conclusion as to the verdict can be reached. But if reasonable minds could differ as to the importance and sufficiency of the evidence, a circuit court’s ruling granting a directed verdict will be reversed.

On the issue of inferences, we recognized in syllabus point one of Jenkins v. Chatterton, 143 W.Va. 250, 100 S.E.2d 808 (1957):

“Upon a motion to direct a verdict for the defendant, every reasonable and legitimate inference fairly arising from the testimony, when considered in its entirety, must be indulged in favorably to plaintiff; and the court must assume as true those facts which the jury may properly find under the evidence.”

Id. at 250-51, 100 S.E.2d at 808 (quoting Syllabus, Nichols v. Raleigh-Wyoming Coal Co., 112 W.Va. 85, 163 S.E. 767 (1932)).

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Akers v. Cabell Huntington Hospital, Inc.
599 S.E.2d 769 (West Virginia Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
599 S.E.2d 769, 215 W. Va. 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akers-v-cabell-huntington-hospital-inc-wva-2004.