Suit filed against Woodlands Retirement over fall at Chili's

HUNTINGTON - A resident is suing Woodlands Retirement Community after she allegedly suffered injuries because its employees would not help her leave Chili's.

Foster Foundation is doing business as Woodlands Retirement Community.

On Jan. 17, 2012, Charlene Sizemore, by her attorney-in-fact and next friend, Patrice Murphy, went on a group outing with other Woodlands residents to have lunch at Chili's in Barboursville, according to a complaint filed July 18 in Cabell Circuit Court.

Sizemore claims when leaving the restaurant, the two Woodlands employees failed to assist her and took her through a non-handicap accessible exit door and her walker fell off the sidewalk, which caused her to be injured.

Subsequently, Sizemore contracted MRSA in her left leg and on May 8, a Woodlands employee entered her room without permission while she was in the bathroom, and informed her he needed to photograph her walker for "insurance purposes," according to the suit.

Sizemore claims despite the fact that she explained she would be out of the bathroom in a moment and asked him to wait, the employee took her walker without her permission and caused her to suffer extreme embarrassment, annoyance, inconvenience and mental distress.

The defendant's actions were negligent and caused Sizemore to incur medical bills; pain and suffering; annoyance and inconvenience; and mental and emotional distress, according to the suit.

Sizemore is seeking compensatory damages. She is being represented by Scott W. Andrews of Hoover Andrews PLLC.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-497