HUNTINGTON – A woman is suing Foster Foundation for a family member's injuries sustained at the Woodlands Retirement Community.
Charlene Sizemore was a resident at the Woodlands Retirement Community and on Dec. 18, 2013, she got up, left her room and proceeded to walk to the nurse's station on her floor, according to a complaint filed in Cabell Circuit Court.
Patrice Murphy claims while in the process of doing so, Sizemore fell and sustained a fractured skull.
Sizemore's alarm sounded when she got up and left her room, but no one came to her assistance or checked on her until she had fallen and injured herself, according to the suit.
Murphy claims the defendants owed Sizemore a duty to prevent her from falling and to respond to the alarm that was in place for a purpose.
The defendant breached its duty to Sizemore by failing to respond to the alarm in a timely fashion to prevent her from falling, according to the suit.
Murphy claims as a result of the defendant's breach of duty, Sizemore sustained a serious and possibly permanent bodily injury; incurred medical bills; pain and suffering; annoyance and inconvenience; and mental and emotional distress.
Murphy is seeking compensatory and punitive damages. She is being represented by Scott W. Andrews of Hoover Andrews PLLC.
The case is assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 15-C-510