Man says father's nursing home injuries led to death

By Annie Cosby | Sep 12, 2014

CHARLESTON – A Kanawha County man is suing over claims his father sustained injuries in an assisted living facility that led to the man's death.

James Long Jr., as personal representative of the estate of James Long Sr., filed a lawsuit July 30 in Kanawha Circuit Court against Emeritus Corporation of Seattle, doing business as Emeritus at Charleston Gardens, and Donna Prowse, administrator, citing negligence.

According to the complaint, James Long Sr. was a resident of Charleston Gardens, an assisted living facility on Association Drive, on May 8, 2012, when he fell and sustained subdural hematoma with midline shift. The complaint also states Long sustained physical abuse by other residents, and that the injuries he sustained there contributed to his death May 31, 2012.

The defendants are accused of negligence and a wrongful death claim through negligent hiring, retention, training and supervision.

James Long Jr. is represented by attorneys Andrew L. Paternostro, Sprague W. Hazard and Jeff D. Stewart of the Bell Law Firm in Charleston. The case has been assigned to Circuit Judge Tod J. Kaufman.

The case number is Kanawha Circuit Court case 14-C-1372

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