Pubdate: Sat, 23 Mar 2002
Source: Charleston Gazette (WV)
Copyright: 2002 Charleston Gazette
Contact:  http://www.wvgazette.com/
Details: http://www.mapinc.org/media/77
Author: Lawrence Messina, Staff Writer

PUTNAM HOSPITAL ADMITS STAFF SMOKED MARIJUANA WHILE AT WORK

To thwart a pending sexual harassment lawsuit, Putnam General Hospital
is willing to admit that some of its staffers have smoked marijuana at
work, according to a court filing from the hospital's lawyers.

John D. Null alleges he was wrongly forced out as a lab technician at
the hospital in November 1998. But the hospital now argues that it
would have fired Null had it known about his drug use, the Friday
filing in Putnam County Circuit Court said.

"The defendants' position is that information regarding the
plaintiff's drug usage on hospital property would have clearly
resulted in his termination had they been aware of his activities,"
the filing said.

Hospital lawyers cite the testimony of lab tech Sheryl Stark, who
alleged that "me and John smoked dope in the [Bacteria Department]
while ... at work."

The lawyers also point to Null's arrest on drug charges after
Hurricane police found marijuana in his car.

Null, of Wayne County, was pulled over while driving home from Putnam
General after an April 1997 shift. The police later reported that Null
answered questions "in a squeaky voice" and "made several
incriminating statements."

"He stated that he uses regularly, as most of his colleagues do,"
Officer S.L. Mynes reported. "This surprised me as to the number of
lab techs he alleged are drug users."

Null's lawyer contends that such evidence would wrongly prejudice a
jury. The hospital counters that the allegations are relevant to the
case.

"Plaintiff's counsel fails to grasp that this information is
intrinsically woven into the fabric of this case and is not
contemplated as character evidence," Friday's court filing said.

Null's suit alleges that Stark and supervisor Tonya Cottrell
consistently harassed him "because he was one of the very few, if not
the only, male employed in the lab."

Null alleges he was fired after complaining about harassment, and
after he "reported at least two acts of potential medical negligence
at defendant's health-care facility."

Hospital lawyers deny that Stark's testimony was coerced, as Null's
lawyer has alleged. Friday's filing quoted her as saying she testified
because she "just had to come out with the truth. ... I thought, 'Just
be honest. Let it fall where it falls.'"

Null also alleges that Cottrell refused to accommodate his asthma when
she required him to work under a hood and mask in the lab.

Putnam General contends that Null never had asthma, but instead
suffered from bronchial problems that were "merely a byproduct of
regularly smoking marijuana."

Amy Shoemaker and Bryan Cokeley of the Steptoe & Johnson law firm
represent Putnam General.

Teays Valley lawyer William Ryan represents Null.
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