Five companies, others named in wrongful death suit

By Kyla Asbury | Jan 25, 2010

CHARLESTON -- A man is suing five companies, one individual and several unnamed people and companies on behalf of his family member's estate.

CHARLESTON -- A man is suing five companies, one individual and several unnamed people and companies on behalf of his family member's estate.

Truman Bays named Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Danny Davis; John Does one through 10; and unidentified entities one through 10, as the defendants in his suit.

Marvin Bays was a resident of Heartland of Charleston until his death on Jan. 18, 2009, according to a complaint filed Dec. 28 in Kanawha Circuit Court.

Truman Bays claims while Marvin Bays was a resident of the nursing home he suffered urinary tract infections, dehydration, pressure sores, infections, and ultimately his death. He claims Marvin Bays lost his personal dignity and suffered extreme and unnecessary pain, degradation, anguish, otherwise unnecessary hospitalizations, disfigurement and emotional trauma.

Truman Bays is seeking compensatory and punitive damages for Marvin Bays' wrongful death. He is being represented by James B. McHugh, Michael J. Fuller Jr., Amy J. Quezon and D. Bryant Chaffin.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 09-C-2359

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