CHARLESTON -- The man is suing Prestera Center for Mental Health Services, Inc., after his son died while in their care.
The City of Dunbar was also named as a defendant in the suit.
On Sept. 16, 2009, Dustin Hill came under the care and treatment of Prestera when he was taken there by the Dunbar police due to apparently being intoxicated, according to a complaint filed Sept. 14 in Kanawha Circuit Court.
Gary Hill, Dustin Hill's father, claims upon arriving at the facility, the admission form documented his blood alcohol level was zero, showing he had no alcohol in his system.
Despite the fact that Dustin Hill was not under the influence of alcohol, he was still admitted to the facility for alcohol treatment, according to the suit.
Gary Hill claims his son's admission form noted that he was "'very out of it, unable to sign his admission form, and falling asleep'" during the assessment.
The defendants negligently failed to perform their duties the adequately assess Dustin Hill's condition and further failed to provide him with any emergency care, according to the suit.
Gary Hill claims Prestera failed to exercise reasonable and ordinary care, skill and ability in providing treatment to Dustin Hill by failing to properly assess his condition and provide appropriate medical treatment.
As a result of the defendant's negligent acts and omissions, Dustin Hill suffered cardiac arrest from drug abuse, which led to his untimely death on Sept. 18, 2009, according to the suit.
Gary Hill is seeking compensatory and punitive damages. He is being represented by Robert B. Warner and Tammy Bowles Raines.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 11-C-1623