CHARLESTON -- A man is suing a woman and the commissioner of the West Virginia Department of Health and Human Resources after a fire destroyed his home.

Mark Scarberry's residence in Ona was destroyed in a fire on Nov. 1, 2008, according to a complaint filed Oct. 30 in Kanawha Circuit Court.

Scarberry claims Helen J. Hernandez deliberately and intentionally started the fire at his residence and at the time she was a Limited Guardian on the Commissioner of the West Virginia Department of Health and Human Resources and had been placed in the care of Emma Ruth Childers. Childers lived at Scarberry's residence.

Scarberry gave the commissioner notice of the claim on September 29, 2009, according to the suit.

The WVDHHR failed to pay Scarberry for his losses and damages and he claims they were responsible for Hernandez.

Scarberry is suing for damages in an amount to be established. C. Page Hamrick is representing him.

The case has been assigned to Circuit Judge Irene C. Berger.

Kanawha Circuit Court case number: 09-C-2043

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