Nursing home sued over man's death

by Cara Bailey |
Mar. 30, 2007, 2:35am

WHEELING - The administrator of the estate of an Ohio County man has filed a wrongful death suit against the nursing home the man was in until he died.

Cathy Kowalski filed the suit March 22 in Ohio Circuit Court, on behalf of the estate of William Fleming. The suit is against Guardian Elder Care at Wheeling, LLC, doing business as Peterson Rehabilitation Hospital and Geriatric Center.

On March 29, 2005, Fleming was admitted to the nursing facility. On Dec. 31, 2005, he died. According to the lawsuit, several instances of negligence shown by the facility at Peterson contributed to Fleming's death.

During his stay, Fleming fell seven times, breaking several bones, including a fall on Dec. 18, 2005, where he suffered a fractured left hip. He died Dec. 31.

The suit says the conditions of the facility were so outrageous that punitive damages should be awarded.

Kowalski, through her counsel James G. Bordas, Jr., seeks compensatory and punitive damages in a fair amount.

The case has been assigned to Judge Arthur Recht.

Ohio Circuit Court case number 07-C-106

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