Woman, husband say physician 'verbally accosted' her

CHARLESTON - A woman and her husband are suing Dr. Phillip Surface for injuries sustained after she was "verbally accosted" by the physician.

Herbert J. Thomas Memorial Hospital Association was also named as a defendant in the suit.

On Feb. 12, Tanya Harless arrived at Surface's office for treatment of a knee injury and was walking with the assistance of a cane due to her knee injury, according to a complaint filed June 3 in Kanawha Circuit Court.

Harless claims after she waited for a period of time in the office, she was eventually told by an employee that Surface would not treat her and, upset at being denied treatment for her injuries, attempted to leave the premises.

While Harless was collecting her personal documents at the waiting room window, Surface verbally accosted her and began pushing her away from the window, according to the suit.

Harless claims Surface's words and actions upset her to such an extreme that she had difficulty breathing and suffered a panic attack.

When Harless got into the Thomas Memorial corridor outside Surface's offices, she encountered a Thomas Memorial security guard, who took a statement from her about the incident and officered to call the police for her, which she agreed to, according to the suit.

Harless claims the police took additional statements and, as a result of the acts and/or omissions of Surface and Thomas Memorial, Harless incurred expenses for medical treatment, counseling and/or therapy.

Harless' husband, Shawn Harless, suffered a loss of consortium, loss of services, loss of enjoyment and loss of opportunity, according to the suit.

The Harlesses are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Thomas G. Wilson of Wilson Law Offices PLLC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-1069