Lawsuit against Boll Medical settled

CHARLESTON - A lawsuit against Boll Medical Inc. in which a man and his wife claimed he suffered injuries was settled and dismissed last year.

Anthony Simpson and Gladys Simpson and the defendant announced to the Court that all matters and differences between them were amicable adjusted, compromised and settled, according to a Dismissal Order filed Jan. 27, 2012, in Kanawha Circuit Court.

On Oct. 29, 2010, Anthony Simpson was at Boll Medical for adjustments to his wheelchair when an employee used excessive and negligent force to position the wheelchair, according to a complaint filed March 22, 2011, in Kanawha Circuit Court.

Anthony Simpson claimed when the employee used excessive force, he heard his right leg pop loudly and was subsequently diagnosed as having sustained a fracture to his right leg.

The defendant’s negligence caused Simpson to sustain debilitating and permanent injury, according to the suit.

Anthony Simpson claimed the defendant had a duty to adequately and properly supervise its employees and failed to do so.

The defendant also failed to properly place Anthony Simpson in his wheelchair, according to the suit.

The Simpsons were seeking compensatory and punitive damages. They were being represented by Richard D. Lindsay of Tabor Lindsay & Associates.

Boll Medical was represented by Neva G. Lusk and Gerald M. Titus III of Spilman, Thomas & Battle PLLC.

The case was assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-469