WEST VIRGINIA RECORD

WINFIELD - A man is suing Valley Health Systems Inc. after he allegedly fell while at its facility.

On Oct. 27, 2011, Floyd Sowards' wife was scheduled to receive treatment for her Stage IV cancer at the Valley Health facility in Huntington and Sowards entered the facility a short time before his wife to sign her in and assist her, according to a complaint filed June 21 in Putnam Circuit Court.

Sowards claims he suffers from a loss of vision in his right eye and has a history of seizure disorder and on Oct. 27, 2011, he was in a state of extreme anxiety.

Due to his age, anxiety, vision problems and history of seizure disorder, Sowards was at risk to fall, according to the suit.

Sowards claims the defendant permitted children's toys it provided to accumulate in and obstruct the aisles of its waiting room, and by permitting toys to accumulate in and obstruct the aisles of its waiting room, it affirmatively created a tripping hazard.

While walking in the aisle, Sowards did not immediately see the toy obstructing the aisle and when he belatedly saw it, he tried to avoid it and tripped and fell to the floor, according to the suit.

Sowards claims he heard his ankle pop as he fell and was in great pain.

After he fell, Sowards was examined by Dr. David Whitmore, who advised him to go to the hospital for further evaluation, according to the suit.

Sowards claims he was forced to undergo surgery to repair the fracture and he was required to wear a cast after the surgery.

Valley Health's failure to provide clear and unobstructed aisles for persons walking about in the waiting room proximately caused and/or significantly contributed to Sowards' injuries, damages and losses, according to the suit.

Sowards is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Thomas G. Wilson of Wilson Law Offices PLLC.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 13-C-202