HUNTINGTON -- A Hurricane couple is suing Marshall University Board of Governors, among others, after they claim they were assaulted and injured by two physicians.

Cabell Huntington Hospital, Inc.; University Physicians and Surgeons, Inc.; and Drs. James Rodney Bailes Jr. and Kimberly Bailes were also named as defendants in the suit.

On Nov. 19, 2009, James Rodney Bailes Jr. unlawfully gained unauthorized access to the medical records of Katelyn Salmons and Mikayla Salmons, according to a complaint filed March 30 in Cabell Circuit Court.

Michael Salmons and Kristi Salmons claim the physician also intentionally and offensively touched and harmed Mr. Salmons by backing up on him twice in a McDonald's parking lot on May 28, 2010.

Shortly after the incident, James Rodney Bailes Jr. contacted Mr. Salmons' employer and made "unfounded and unsubstantiated complaints about Michael Salmons, specifically attacking Mr. Salmons reputation and character in an attempt to discredit him and have him fired," according to the suit.

The plaintiffs claim since the incident in the parking lot, the physicians have threatened the well-being of their family and have caused them to fear for their safety.

The couple is seeking compensatory and punitive damages. They are being represented by Richard D. Lindsay.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 11-C-171




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