Man sues state mental health facility after fellow patient reportedly stabbed him in the eye

By Carrie Bradon | Apr 3, 2019

HUNTINGTON — A man is suing a mental health hospital, alleging he was attacked by a dangerous patient.

Frank Smith filed a complaint in Cabell Circuit Court against The West Virginia Department of Health and Human Resources, Bureau for Behavioral Health & Facilities, and Mildred Mitchell Beteman Hospital.

The suit alleges the plaintiff was a patient at the defendant's property in July 2016 when he was injured by a dangerous patient who came into the plaintiff's room and stabbed in him the eye with a pen. The defendant is alleged to have been negligent in failing to warn the plaintiff of the danger.

The defendant is accused of recklessness, negligence, vicarious liability, negligent hire and supervision, and infliction of emotional distress.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Kevin Davis in Charleston.

The case has been assigned to Judge Gregory Howard Jr.

Cabell Circuit Court case number 19-C-80 

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