Care groups want negligence suit in federal court

By Kyla Asbury | Mar 10, 2011

CHARLESTON – RSCR West Virginia, Res-Care, Southern Home Care Services and a woman are seeking a removal to federal court for a lawsuit involving negligence at a Lifestart Group Home.

Ottmer Paxton filed the lawsuit on Nov. 22, 2010, in Kanawha Circuit Court, claiming his step-son, Jerry Dale Chandler, went to Lifestart Group Home as a developmentally and physically disabled man for the purposes of receiving quality care and treatment and assistance in his daily living activities.

Paxton claims during Chandler's residency, he suffered serious injuries from a pattern of poor care, neglect and abuse which ultimately led to his death on March 7, 2009.

Paxton is seeking compensatory and punitive damages. He is being represented by Andrew L. Paternostro and Jeff D. Stewart.

The defendants filed the notice of removal, claiming a complete diversity in citizenship, as Paxton resides in West Virginia; RSCR, Res-Care and Southern Home Care Services' principal place of business is in Louisville, Ky.; and Anna Beaver resides in South Point, Ohio.

The defendants are being represented by Grant P.H. Shuman, Heather Heiskell Jones and Joanne Vella Kirby.

U.S. District Court case number: 2:11-cv-00124

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