CONCORD — A federal judge has determined Dartmouth-Hitchcock Health cannot be held responsible in a lawsuit filed by the former administrator of The Woodlands retirement community in Lebanon who is asserting malicious termination.
In an order dated March 3, U.S. District Court Judge Landya McCafferty dismissed D-HH from the suit, writing that the corporation is not responsible for any wrongdoing committed by its subsidiary, Alice Peck Day Memorial Hospital, where The Woodlands is based.
The order also dismissed APD’s president Susan Mooney from the lawsuit and dismissed one claim against APD.
The decision means only three claims against the hospital will go forward out of the original 13-page lawsuit, which was filed by former administrator Timothy Martin in April , more than a year after he was fired in February 2018.
At the center of the complaint is a memo that Mooney sent to over 100 people at the Woodlands, and Harvest Hill, a neighboring assisted living facility, saying Martin was fired “because of a pattern of unprofessional conduct.” The Valley News, which obtained a copy of the memo, reported on his firing and on interviews with former Woodlands employees who said they had complained about physical contact initiated by Martin.
In his lawsuit, Martin blamed APD and D-HH for publicly disclosing information that should have been private, defaming him and breaching his contract. The sole claim against Mooney argued that she intentionally tried to cause him emotional harm by sending the memo.Martin said in the suit that the wording of […]