Man sues AMFM for nursing home negligence

By Kyla Asbury | Apr 24, 2013

CHARLESTON - A McDowell Nursing & Rehabilitation Center resident, by and through his wife, is suing AMFM LLC for nursing home negligence.

Commercial Holdings Inc., now known as Commercial Holdings LLC; Integrated Commercial Enterprises Inc.; Manzanita Holdings LLC; Manzanita Management Inc.; Lifetree LLC; Wisteria LLC; McDowell Nursing & Rehabilitation Center LLC, doing business as McDowell Nursing & Rehabilitation Center; Sheila Stewart; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to McDowell Nursing & Rehabilitation Center) were also named as defendants in the suit.

James Felts was admitted to McDowell on Dec. 6, 2007, at the age of 77 because he was no longer competent to handle his own affairs due to dementia, according to a complaint filed April 12 in Kanawha Circuit Court.

Felts, by and through his wife Faye Felts, claims James Felts suffered catastrophic injuries, disfigurement, extreme pain, suffering and mental anguish as a consequence of the defendants' negligence.

The scope and severity of the recurrent wrongs inflicted upon James Felts while under the care of the facility accelerated the deterioration of his health and physical condition beyond that caused by the normal aging process and resulted in physical and emotional trauma, including pressure sores, infections and malnutrition, according to the suit.

James Felts claims the defendants breached their duty of care by negligently managing, operating and/or controlling its nursing home.

The defendants also used deception, false pretense, false promises, and/or misrepresentation, and/or the concealment, suppression and/or omission of material facts with the intent that James Felts and others rely upon in connection with the sale of nursing home services, according to the suit.

James Felts is seeking compensatory and punitive damages. He is being represented by James B. McHugh and Michael J. Fuller Jr. of the McHugh Fuller Law Group PLLC.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 13-C-712

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