CHARLESTON – A man is suing Res-Care after his special needs son was injured while in one of its employee's care.
RSCR West Virginia Inc.; Voca Corporation of America; Voca Corporation of West Virginia Inc.; Rescare Behavior Services Inc.; Southern Home Care Services Inc.; Shawn Rivera; Christopher Riggins; and Lisa Jones were also named as defendants in the suit.
Christopher Bibey is cognitively and intellectually challenged and is unable to protect himself secondary to mental retardation, bi-polar and compulsive disorder, according to a complaint filed Jan. 20 in Kanawha Circuit Court.
Stanley Bibey, Christopher Bibey's father, claims the defendants were retained to provide services to his son, including assistance, 24-hour supervision and companionship.
On May 2, during the course of his employment, Rivera was transporting Christopher Bibey and went to a residence in Princeton and left Christopher Bibey alone, unsupervised and unmonitored in his car while he went inside the residence, according to the suit.
Stanley Bibey claims while his son was in the vehicle and seat-belted into his seat, the vehicle caught fire and his son's disabilities prevented him from removing his seatbelt and exiting the burning vehicle.
Christopher Bibey's clothing was on fire as he was pulled from the burning vehicle, rolled on the ground and stripped of his pants, underwear, shoes and socks, according to the suit.
Stanley Bibey claims his son sustained second- and third-degree burns to his upper and lower legs; inner right thigh; right hand and fingers; left hand and fingers; genitalia and lower abdomen; his facial hair and eyebrows were singed; he sustained second-degree burns to the tip of his tongue; and he had soot in his mouth.
Christopher Bibey was transported to Hunnicutt Field to meet with Healthnet, who transported him to the burn unit at Cabell Huntington Hospital, according to the suit.
Stanley Bibey claims his son was in the hospital until Aug. 13, where he was discharged to the Huntington Health and Rehab Center, where he still remains.
The defendants were negligent in their care of Christopher Bibey and breached their contract with Stanley Bibey but not properly caring for his son, according to the suit.
Stanley Bibey is seeking compensatory and punitive damages with pre- and post-judgment interest.
He is being represented by Eric Buckner of Katz Kantor Stonecrest & Buckner; and Robert B. Warner, Lynnette Simon Marshall and Andrew D. Byrd of Warner Law Offices PLLC.
The case is assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number: 15-C-83