CHARLESTON -- A Kanawha County woman is suing Manor Care after she claims it is responsible for her father's death.

Health Care and Retirement Corporation of America, LLC, operating with trade name and/or d/b/a Heartland of Charleston; Danny Davis; and John Doe Health Care Providers, as unknown health care providers responsible for plaintiff's treatment, were also named as defendants in the suit.

George King Sr. suffered from diabetes, arteriosclerotic heart disease, hypertension, depression, deficient ambulation, chronic obstructive pulmonary disease and dementia, according to a complaint filed Sept. 30 in Kanawha Circuit Court.

Sharon Milam, King's daughter, claims the defendants failed to provide accommodations, care, treatment and services for her father.

On Oct. 25, 2008, the defendants were negligent in allowing King to wander from the nursing home and being struck and killed by a passing train less than 400 feet from the front door of the nursing home "some four plus hours after his exit," according to the suit.

Milam claims the search for King "was not properly coordinated with the local emergency response agencies," and "was not coordinated or systematic and did not properly and timely include a search of the area in close proximity to the facility."

Milam is seeking compensatory and punitive damages. She is being represented by Scott S. Segal, Deborah L. McHenry and Harold S. Albertson.

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 10-C-1746

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