Greenbrier Co. man sues over injuries from lift machine

By Kyla Asbury | Jan 19, 2012

CHARLESTON -- A Greenbrier County man is suing Galen of West Virginia for injuries sustained from a lift machine.

On Jan. 12, 2010, Roger Birchfield was admitted to Galen of West Virginia due to an appendectomy, according to a complaint filed Dec. 23 in Kanawha Circuit Court.

Birchfield claims he is physically disabled and while hospitalized, he had to be assisted by the staff when getting in and out of his hospital bed.

While hospitalized, Birchfield was assisted and lifted with the aid of special equipment provided by the defendant, according to the suit.

Birchfield claims he was sitting in a chair in his hospital room when an employee of the defendant ran the lift machine directly over his right foot, causing it damage.

The defendant is vicariously liable for the wrongful acts and omissions of its employee, according to the suit.

Birchfield claims the defendant breached its duty by failing to provide the level of non-medical care expected of a reasonably prudent hospital under the same or similar circumstances.

As a result of the defendant's negligence, Birchfield incurred severe physical and mental pain and suffering; emotional distress; mental anguish; loss of enjoyment of life; and physical impairment, according to the suit.

Birchfield is seeking compensatory damages. He is being represented by Michael J. Del Giudice and Keisha D. May.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-2308

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