Father blames DHHR for son's death

by Kyla Asbury |
Aug. 23, 2013, 8:00am

CHARLESTON - A father is suing the West Virginia Department of Health and Human Resources for the death of his son.

On Aug. 17, 2011, Tammy Miller Naylor and William Hanna were in Summersville when Colby Adam Naylor sustained life-ending injuries from a gunshot wound to the head and died the next day, according to a complaint filed Aug. 9 in Kanawha Circuit Court. Police said Naylor accidentally shot himself.

Dennis Naylor claims the defendant breached its duty by failing to remove Colby Adam Naylor from Tammy Miller Naylor and William Hanna's care.

Beginning in 2005, the defendant had received reports of abuse and neglect, involving physical injury and mental abuse, among other allegations amounting to neglect and for which the physical and mental/emotional safety and welfare of Colby Naylor, according to the suit.

Dennis Naylor claims the defendant breached its duty by failing to remove Colby Naylor from the home of Tammy Naylor and William Hanna in breach of the defendant's statutory and common law duty to protect Colby Naylor.

As a direct and proximate result of the negligent and recklessly indifferent failure on the part of the defendant through its employees, contractors and agents to properly discharge their legal duties to Colby Naylor, he suffered 18.5 hours of pain prior to dying all as a result of a gunshot wound to the head, according to the suit.

Dennis Naylor is seeking compensatory and punitive damages. He is being represented by Henry E. Wood III of Wood Law Office LC.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 13-C-1512

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