Woman sues In Touch & Concerned for mother's death

By Kyla Asbury | May 2, 2013

MORGANTOWN - A woman is suing In Touch and Concerned Inc. after she claims it is responsible for her mother's death due to one of its employees' negligent conduct.

On Dec. 14, 2011, ITAC provided transportation services to elderly and handicapped clients in Monongalia County, including transporting clients requiring the use of wheelchairs and on that date, Herb Summers, an employee of ITAC, used a van to transport Nona Ann Bombardiere in her wheelchair, according to a complaint filed April 24 in Monongalia Circuit Court.

Michele R. Tenant claims Summers unloaded Bombardiere from the ITAC van in a negligent and careless manner by pushing her face first, rather than backward, without adequately securing her in her wheelchair.

As a consequence, after the front wheels of the wheelchair connected with the ground, Bombardiere fell out of the wheelchair and suffered serious and permanent injuries, including a broken hip, according to the suit.

Tenant claims Summers was in a hurry at the time of the incident due to negligent scheduling of ITAC and ITAC's negligence contributed to the incident.

As a result of ITAC's negigence, Bombardiere suffered severe and permanent physical injuries; great physical pain and emotional suffering; mental anguish; and loss of her capacity to enjoy life, according to the suit.

Tenant claims Bombardiere never recovered from her injuries and died on Sept. 13.

The injuries Bombardiere sustained from ITAC's negligence hastened her demise, both physically and emotionally, and are believed to have been a direct and proximate cause of her death, according to the suit.

Tenant is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Paul R. Cranston of Cranston & Edwards PLLC.

Monongalia Circuit Court case number: 13-C-320

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