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WEST VIRGINIA RECORD

Friday, April 19, 2024

Father sues W.Va. Army National Guard for son's death

Wrongfuldeath

KINGWOOD – A father is suing the West Virginia Army National Guard after he claims they failed to care for his son, who died in the Guard's care.


West Virginia Mountaineer Challenge Academy and Preston Memorial Hospital Corporation were also named as defendants in the suit.


On July 16, 2012, Gatlin Evan Jones was placed in the care, custody and control and granted power of attorney to MCA at which he began the 22-week post-residential phase of a monitored and training program designed for at risk youth in a quasi-military environment as to assist the at-risk youths in becoming productive and contributing members of society, according to a complaint filed July 18 in Preston Circuit Court.


George E. Jones claims on July 18, 2012, Gatlin Jones was taken to Preston Memorial Hospital by a staff member of MCA after experiencing abdominal cramps and he was evaluated and it was determined he suffered from myalgias, elevated blood pressure and elevated heart rate.


Testing was performed, which reflected abnormal findings, and he was released by the hospital to a staff member of MCA, according to the suit.


George Jones claims upon his return, he went missing and his body was found on July 30, 2012 in/along Cheat River, downstream from MCA.


No explanation has been given to the family as to how Gatlin Jones was absent from the premises or how he died, according to the suit, and no report has been issued by the West Virginia Medical Examiner's Office.


George Jones claims the hospital had a duty and failed to notify him regarding Gatlin Jones' hospital visit and circumstances surrounding the visit.


The hospital was negligent in failing to admin Gatlin Jones for observation and treatment because of the abnormal findings, according to the suit.


George Jones claims the defendants also breached their fiduciary duty and failed to supervise Gatlin Jones.


George Jones is seeking compensatory and punitive damages. He is being represented by Charles R. "Rusty" Webb of the Webb Law Centre PLLC.


The case has been assigned to Circuit Judge Larry Miller.


Preston Circuit Court case number: 14-C-137


 

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