Nursing assistant claims she had to leave hostile working environment

By Noddy A. Fernandez | Jan 10, 2019

WHEELING — A Moundsville resident is suing a health care company, citing alleged failure to protect and hostile work environment.

Margaret Smith filed a complaint in Ohio County Circuit Court against Good Shepherd Nursing Home, LC alleging that it breached its duty provide a safe working environment to its employees.

According to the complaint, on July 16, 2013, Smith was employed as a full-time nursing assistant by the defendant, providing direct care to patients at the Good Shepherd facility. 

During her employment, Smith claims, on numerous occasions she was struck, bitten, scratched or slapped while caring for patients. She was also punched in the face, had a chunk of her hair pulled out, had her glasses broken and sustained chipped teeth. 

Despite repeatedly reporting the incidents to her supervisor, human resources and the administrator, the incidents of physical harm were allegedly ignored and not corrected, compelling her to quit her employment on May 10, 2018. 

The plaintiff holds Good Shepherd Nursing Home, LC responsible because it allegedly failed and refused to correct the unsafe working conditions despite having the knowledge of physical harm experienced by employees.

The plaintiff requests a trial by jury and seeks judgment for damages, attorney fees and costs, as well as other losses including punitive damages. She is represented by Frank X. Duff and Sandra K. Law of Schrader Companion Duff & Law, PLLC in Wheeling.

Ohio Circuit Court Case number 18-C-275

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Ohio Circuit Court Schrader, Byrd & Companion, PLLC

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