Herbert J. Thomas Memorial Hospital Assoc. v. Susan Nutter
795 S.E.2d 530
W. Va.2016Background
- Susan Nutter, a registered nurse, was hired in Aug 2008 as charge nurse on a 10‑bed locked geriatric psychiatric (Med‑Psych) unit and was fired on Nov 16, 2009 for allegedly falsifying patient documentation from Nov 12, 2009.
- The hospital’s investigation compared Nutter’s Patient Education Records with a music therapist’s notes and a Q15 observation flow sheet and concluded Nutter charted one‑on‑one medication education for nine patients when other records showed patients elsewhere; hospital managers considered falsifying patient records a terminable offense and reported the matter to the Nursing Board.
- Nutter sued (filed Aug 11, 2011) for wrongful/retaliatory discharge (claiming she was fired for raising patient‑safety and Medicare concerns), intentional infliction of emotional distress (including filing the Board report), and unpaid charge‑nurse differential wages; the trial court also allowed a defamation theory to go to the jury.
- An eight‑day jury trial returned a verdict finding wrongful discharge, IIED, defamation, and unpaid wages, awarding approximately $1,004,900 (including $6,900 for unpaid wages). The trial judge had extensively questioned witnesses (over 300 questions) and made evidentiary rulings contested on appeal.
- The Supreme Court (majority) reversed the jury verdict on wrongful discharge, IIED, and defamation (statute of limitations), and remanded only the unpaid‑wages claim for a new trial because the trial judge’s conduct made the wage verdict unreliable; two justices dissented (joined by another).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Wrongful (retaliatory) discharge — did termination contravene substantial public policy? | Nutter claimed she complained about Medicare billing, understaffing, patient‑safety issues and was fired in retaliation; cited federal regulations as the public‑policy source. | Hospital argued plaintiff produced no evidence that any specific regulation or policy was actually jeopardized; mere citation of regulations insufficient. | Reversed: no legally sufficient evidence that discharge jeopardized a clear public policy; Harless/Feliciano elements not met. |
| Intentional infliction of emotional distress (IIED) — were hospital’s actions extreme/outrageous and intentional? | Nutter said termination and the Board report were malicious and caused severe, lasting emotional harm. | Hospital said discharge was for perceived chart falsification and, even if wrong, did not rise to the level of extreme/outrageous conduct required for IIED. | Reversed: conduct not shown to be atrocious or beyond bounds of decency; IIED claim insufficient. |
| Defamation — timely? | Nutter treated Board report as defamatory and sought damages for injury to reputation. | Hospital argued defamation claim accrued when plaintiff learned of the report and was barred by the one‑year statute of limitations. | Reversed: defamation claim time‑barred under the one‑year statute; judgment as a matter of law for hospital. |
| Unpaid wages / trial fairness — did hospital owe charge‑nurse differential and was trial fair? | Nutter said badge‑coding issue prevented her from registering charge‑nurse time and she was owed the differential. | Hospital said employee had duty to code properly; denial of differential was justified. Also argued trial judge’s questioning and evidentiary rulings prejudiced the defense. | Wage claim had evidentiary support, but the trial judge’s extensive questioning and evidentiary rulings made the verdict unreliable; remanded for a new trial on unpaid wages only. |
Key Cases Cited
- Harless v. First Nat’l Bank, 162 W.Va. 116, 246 S.E.2d 270 (W. Va. 1978) (recognizes public‑policy exception to at‑will employment).
- Feliciano v. 7‑Eleven, Inc., 210 W.Va. 740, 559 S.E.2d 713 (W. Va. 2001) (articulates four‑factor test for wrongful discharge in contravention of public policy).
- Tudor v. Charleston Area Med. Ctr., Inc., 203 W.Va. 111, 506 S.E.2d 554 (W. Va. 1997) (upheld nurse’s wrongful‑discharge verdict based on evidence showing understaffing violated a clear staffing policy).
- Orr v. Crowder, 173 W.Va. 335, 315 S.E.2d 593 (W. Va. 1983) (standard for appellate review of sufficiency of evidence — view evidence most favorably to prevailing party).
- Barefoot v. Sundale Nursing Home, 193 W.Va. 475, 457 S.E.2d 152 (W. Va. 1995) (evidentiary/credibility instruction: conflicts favor prevailing party on appeal).