Plaintiff doesn't show, lawsuit against Teays Valley Hospital dismissed

WINFIELD - A lawsuit against CAMC Teays Valley has been dismissed after the plaintiff failed to show for a pre-trial conference and hearing.

On Aug. 9, the defendant appeared by counsel for a scheduled pre-trial conference and a hearing on its motion for summary judgment.

The plaintiff did not appear at the hearing or contact the court to explain why he could not appear, despite the fact that the court delayed the start of the hearing for several minutes to give the plaintiff the opportunity to appear or contact the court to explain his absence, according to an order granting the defendants' motion for summary judgment filed in Putnam Circuit Court on Oct. 1.

Prior to the hearing, the court reviewed the defendants' motion for summary judgment, which was filed on July 15.

The court ordered for the motion for summary judgment on behalf of the defendants to be granted and the case to be dismissed with prejudice.

On May 13, 2010, Christopher K. Smith presented himself to the emergency room at CAMC Teays Valley with possible gall bladder issues, according to a complaint filed May 11, 2012, in Putnam Circuit Court.

Smith claimed while in the exam room, there was a "sweet 'chemical' type smell" emanating from his exam room, which he had a reaction to.

The smell was likely caused by stripper/floor wax called Pro-Strip, which contains Xylene, according to the suit.

Smith was seeking compensatory and punitive damages. He was representing himself.

The defendants were represented by D.C. Offutt Jr. of Offutt Nord Burchett PLLC.

The case was assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court case number: 12-C-148