CHARLESTON — Summit BHC West Virginia wants a lawsuit alleging negligence to be dismissed.
Summit, which operates as Highland Hospital, argues in its March 31 answer that it was not at fault for a sexual assault that occurred, instead a non-party of the lawsuit was at fault.
"No act or conduct by Defendant...its agents, representatives, or employees caused any alleged injury, damage or loss to the Plaintiff," the answer states.
Summit contends that it did not cause the plaintiff's injuries and denies it is negligent or guilty of any breach of duty.
"The conduct of Defendant...did not increase the risk of harm to Plaintiff, and, as such, the Complaint should be dismissed," the answer states.
Summit BHC West Virginia is doing business as Highland Hospital.
SBH Colorado, Summit Behavior Holdings I LLC, Highland Hospital Association and Highland Hospital Foundation were all named as defendants in the suit.
Kayla Paynter was a patient at Highland Hospital on Dec. 7 2020, when a mental patient walked past her room, looked through the window into her room, waited for a member of medical personnel to leave and then entered her room and sexually assaulted her, according to a complaint filed in Kanawha Circuit Court.
Paynter claims she immediately reported the sexual assault and the Charleston Police Department investigated the incident and concluded the sexual assault had occurred.
The defendants failed to meet the standard of care and failed to meet their duty to adequately protect Paynter by allowing the mental patient to sexually assault her, according to the suit.
Paynter claims the defendants failed to have adequate floor supervision and security staff to prevent the sexual assault. The defendants also failed to lock Paynter's door to prevent her from being sexually assaulted.
Paynter is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by Mark A. Atkinson of Atkinson & Frampton in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-18
