CHARLESTON -- A Boone County man is suing Charleston Area Medical Center after he was injured on its premises.
On Oct. 31, 2009, Timothy Lee Miller was a patient at the hospital and was taking a shower in the bathroom when cleaning staff entered his room and began cleaning the floor with a chemical cleaner and water, according to a complaint filed Oct. 29 in Kanawha Circuit Court.
Miller claims he was not aware of the staff cleaning the floor and when he exited the bathroom, he slipped and fell.
The cleaning staff did not place any signs in or around Miller's room to indicate that the floor was wet and/or slippery, according to the suit.
Miller claims he landed on his right arm when he fell, which fractured the distal radius and required orthopedic surgery and other treatment.
The hospital had a duty of reasonable care to keep the premises free from hazards and a duty to warn non-trespassing invitees of hazardous conditions, according to the suit, and breached its duties when it failed to do so.
Miller is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Brian L. Ooten and Peter A. Hendricks.
The case has been assigned to Circuit Judge Louis Bloom.
Kanawha Circuit Court case number: 10-C-1949