CHARLESTON – A Kanawha County woman is suing over the treatment her father received while in the care of a nursing home, alleging neglect and abuse. 

Donna Taylor, as personal representative of the estate of John Kelly Jr., filed the suit on Nov. 5 in Kanawha Circuit Court against 1 Sutphin Drive Operations LLC, doing business as Marmet Center; and Genesis Healthcare LLC. Defendant Marmet Center is a wholly owned subsidiary of Genesis Healthcare. 

Kelly was a resident of Marmet Center from April 2, 2014 until his death on April 18, 2014. The suit alleges that he suffered serious injuries from poor care, neglect and abuse at the nursing home. The treatment allegedly led to the destruction of his physical and mental condition.

While he was in the defendants' care, the plaintiff's father allegedly experienced falls, a choking incident, physical injuries, mental anguish, physical pain and suffering. He incurred medical expenses or had medical treatment delayed, the suit alleges.

Kelly's death allegedly was the result of the abuse and neglect he suffered while at the defendants' facility

The suit alleges statutory violations, negligence, ordinary negligence, wrongful death and reckless misconduct.

Taylor is seeking damages, attorney fees, court costs and punitive damages. She is represented by Andrew L. Paternostro and Jeff D. Stewart of The Bell Law Firm of Charleston. The case is assigned to Judge Joanna Tabit.

Kanawha Circuit Court Case number 15-C-1985

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