CHARLESTON – A Wayne County man says a Legal Aid of West Virginia employee's failure to properly investigate a workplace incident led to his termination.
Curt Taylor filed his complaint December 17 in Kanawha Circuit Court against Teri Stone and Legal Aid of West Virginia.
According to the complaint, Taylor worked for the state Department of Health and Human Resources as a Health Services Worker at Mildred Mitchell-Bateman Hospital. Stone is a Behavioral Health Advocate at the psychiatric hospital for Legal Aid.
On December 21, 2019, Taylor says he was working “one on one” with a patient identified as D.H. because he was classified as being a danger to causing harm to himself or others.
“D.H. was known to be manipulative and had a history of making false accusations against staff in an effort to get his way, but he was capable of doing his activities of daily living,” the complaint states. “Taylor was encouraged by a Registered Nurse who ranked higher than Taylor to coax him and encourage D.H. to do his activities of daily living for himself. D.H. was often resistant and would verbally abuse staff.”
During the last 30 minutes of his shift, Taylor says the patient urinated in his bed. Taylor says he calmly told D.H. to change his bed, but the patient refused and cursed at Taylor. Taylor says he asked the patient to do so numerous times over the next few minutes.
“After several attempts, Taylor told D.H. to get his ‘… ass on making that bed,’” the complaint states.
Taylor says he was then relieved by an LPN, and D.H. changed his bed before going to back to sleep.
The LPN reported the incident to an RN, and the LPN made a statement. The next day, the RN told Taylor to make a statement as well. And, Taylor was verbally suspended pending an investigation.
Taylor says Legal Aid – Stone specifically – was called to investigate the allegations of abuse and neglect against him. He says there is no evidence that Adult Protective Services investigated the incident.
“Her investigation consisted of reviewing the two statements and was concluded within a day or two without ever interviewing Taylor or the LPN,” the complaint states. “Stone found the allegations of abuse and neglect substantiated despite having never interviewed Taylor, the LPN or even the patient.
“Stone’s ‘investigation’ was cursory at best.”
Taylor was fired January 9, 2020. He says he was forced to seek reinstatement through the state Public Employees Grievance Board, but that he incurred attorney fees, expenses and suffered emotional distress, embarrassment and humiliation as well as damage to his character and reputation.
He accuses the defendants of malicious prosecution and abuse of process. He seeks compensatory damages, punitive damages and other relief.
Taylor is being represented by Scott H. Kaminski of Ray Winton & Kelley in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 21-C-1163
