Couple sues CAMC, St. Mary's for car accident

By Kyla Asbury | Aug 27, 2012

HUNTINGTON – A Cabell County couple is suing CAMC Health System and St. Mary's Medical Center after they claim they were injured in a car accident.

Ben Purvis, an employee of the defendants, was also named as a defendant in the suit.

On Aug. 11, 2010, Henry Bailey and Pauline Bailey were driving on 27th Street East in Huntington when Purvis failed to stop at a stop sign and collided with their vehicle, according to a complaint filed Aug. 9 in Cabell Circuit Court.

The Baileys claim Purvis had a duty to keep a proper lookout; drive a safe and reasonable speed; yield to oncoming traffic on 27th Street; and stop at the designated stop sign and remain stopped until all vehicles on 27th Street had exited the intersection.

Purvis negligently failed to do his duties and as a result of his negligence, caused injuries to the Baileys, according to the suit.

The Baileys claim the collision caused them to lose the use of their vehicle and caused them physical pain and suffering; mental pain and suffering; loss of enjoyment of life; and medical and other expenses.

CAMC Health System and St. Mary's Medical Center are liable for Purvis' actions because he was driving a vehicle owned by them and because he was labeled as an independent contractor of them and should be classified effectively as an employee, according to the suit.

The Baileys are seeking damages in the amount of $1 million with interest. They are being represented by Scott G. Stapleton.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-520

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