Herbert J. Thomas Memorial Hospital Ass’n v. Nutter (Signed Opinion)
Annotate this CasePlaintiff, a registered nurse, was hired in 2008 by the defendant hospital. In 2009, Plaintiff was fired. Plaintiff filed a complaint against Defendant, alleging retaliatory discharge, intentional infliction of emotional distress, and a violation of the West Virginia Wage Payment and Collection Act. The jury found that Defendant wrongfully discharged Plaintiff in a manner designed to undermine public policy and, as a result, Defendant had intentionally inflicted emotional distress upon Plaintiff and had defamed her. Further, the jury found that Defendant failed to pay Plaintiff her full wages. The Supreme Court reversed the jury verdict against Defendant, holding (1) there was insufficient evidence to support the verdict on the wrongful discharge and intentional infliction of emotional distress counts; (2) Plaintiff’s claim for defamation was barred by the applicable statute of limitation; and (3) the circuit court’s conduct and rulings during trial undermined the reliability of the jury’s verdict on unpaid wages.
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