CHARLESTON -- A man has filed suit against the nurse he claims punched him in the head while he was a patient at Thomas Memorial Hospital.

Adam S. Cooper filed suit May 14 in Kanawha Circuit Court against Herbert J. Thomas Memorial Hospital Association, doing business as Herbert J. Thomas Memorial Hospital, and Chris Johnson.

According to the complaint, Cooper was transported to the emergency department at Herbert J. Thomas Memorial Hospital on Sept. 5 and was placed into a room with at least one IV and a nasal air tube.

While Cooper was laying on his hospital bed, defendant Johnson, a nurse, entered the room and made several disparaging comments about his weight, according to the complaint. Johnson also flicked the nasal air tube running through Cooper’s nose, the suit states.

At that time, the plaintiff opened his eyes, sat up in the hospital bed, and stated to defendant Johnson he did not want him to touch him any further and to exit the room, the complaint says.

Instead of complying with Cooper’s request, Johnson stated he was not going anywhere, grabbed Cooper by the throat and pushed his body into the bed, Cooper claims.

Due to the incident, Cooper suffered contusions and endured mental and emotional anxiety, according to the complaint.

Cooper alleges battery and unlawful restraint and intentional infliction of emotional distress against the defendants.

Cooper is seeking unspecified damages in excess of the jurisdictional limits of the court, plus punitive damages, costs and other relief the court deems just.

He is being represented by Michael T. Clifford and Richelle K. Garlow of Charleston. The case has been assigned to Circuit Judge Jennifer F. Bailey.

Kanawha Circuit Court case number 14-C-880

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