CHARLESTON - A Kanawha County man claims the neglect his mother was shown at a local nursing home caused her death and he is seeking damages for her estate.

Jerry Burgess filed a suit Oct. 11 in Kanawha Circuit Court on behalf of the estate of Rosella Burgess. The suit is against Beverly Enterprises, doing business as Beverly Health Care Center and also known as Golden Living Center.

According to the suit, Rosella Burgess was a resident at Golden Living Center from March 24, 2004, until her death on March 21, 2007.

During her stay, her son claims she suffered serious injuries caused by poor care, neglect and abuse. The injuries included falls, pressure sores, weight loss, medication side effects and poor hygiene.

Jerry Burgess claims Golden Living Center failed in all aspects of his mother's care. In the three-count suit, Burgess claims he also suffered mental pain and suffering and loss of companionship and guidance from his mother as a result of her death.

Burgess seeks compensatory and punitive damages for his mother's estate, in an amount the court deems necessary.

Attorney Erin L. Winter is representing Jerry Burgess. The case has been assigned to Judge Charles King.

Kanawha Circuit Court case number 07-C-2165

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