A former Sweetwater Hospital Association nurse filed a federal lawsuit against the hospital in 2008 claiming she was sexually harassed and subsequently fired in direct retaliation for refusing the sexual advances of the hospital's CEO, Scott Bowman and another man.

Jessica Shell's original lawsuit against the hospital, Bowman and 14 other hospital directors and employees claims the defendants violated the Equal Employment Opportunity Act, which protects employees from discrimination based on their gender.
Shell's complaint also claims the defendants violated state statues guaranteeing protection against discrimination based on gender.

Shell is asking for $1 million in punitive damages and other compensation from the hospital.
In the original complaint, Shell, who was hired at the hospital in 2001, states she was "accosted" by Bowman at a hospital gala at the Grand Vista Hotel on May 10, 2007.
According to Shell, she refused Bowman's sexual advances and advances made by another defendant, William "Butch" Stovall.

In the lawsuit, Shell alleges Bowman in the presence of and in conspiracy with the other defendants threatened to fire her.
According to Shell, Bowman said he would make sure she would never get another job "even at McDonald's."
The plaintiff said even though she was in good standing, she was wrongfully terminated from her job on Sept. 25, 2007.

Shell said she has suffered loss of employment and wages, loss of past and future earning potential and the loss of past and future health benefits. The plaintiff said she has suffered mental anguish, humiliation, physical and emotional distress and loss of mental well being due to the defendants' willful, wanton and reckless behavior.

Bowman denies Shell's allegations of sexual harassment and wrongful termination and released a statement regarding the lawsuit on Tuesday.
"The suit and allegations raised by Ms. Shell are entirely without merit," the statement said. "It will be proven that Ms. Shell was terminated for good and proper cause. At no time prior to her termination for cause did Ms. Shell make allegations of sexual harassment against Mr. Bowman."

The statement further says Sweetwater Hospital is aggressively defending itself against the charges and is confident the hospital, its board, other defendants and Bowman will be vindicated.
In court papers filed in October 2008, Bowman said Shell was fired for leaving the hospital without clocking out and leaving her patients unattended.
In court papers filed in October 2008, Stovall denies the allegations of sexual harassment made by Shell against him.

The lawsuit was originally filed in federal court in Knoxville in August 2008.
Media outlets were made aware of the suit last week and there was also a flurry of court activity surrounding the case when Shell did not show up for a scheduled court deposition Friday.
Through her attorneys, Shell filed a motion on Nov. 19 for protective order and continuance in the case that is currently scheduled for a jury trial May 4, 2010.

Shell said she was in the process of firing an attorney and the original complaint has errors and contains defendants who should not have been named as such.
The plaintiff asks for a later deposition and trial date, as well as the opportunity to file an amended complaint.

Attorneys for the defendants asked for the case to be dismissed and if it is not dismissed, the defendants ask the court to compel the plaintiff to give her deposition.
The defendants also seek a delay in the trial if the case is not dismissed.

tommy.millsaps@advocatanddemocrat.com | 337-7101