Daughter brings wrongful death suit against late mother’s nursing home

By Robert Hadley | Mar 30, 2016

CHARLESTON – A Kanawha County woman is suing her late mother’s residential care facility for alleged abuse and negligence that allegedly contributed to her death.

Patsy Tenpenny, as personal representative of the estate of Rita McCutcheon, filed a lawsuit March 11 in Kanawha Circuit Court against SweetBriar Assisted Living Facility, alleging wrongful death, negligence and reckless misconduct.

According to the complaint, McCutcheon lived at SweetBriar from 2010-2015, suffering multiple falls and a subdural hematoma, or bleeding at the base of the brain, and other injuries. The suit says SweetBriar staff’s lack of training and supervision, as well as their negligence and recklessness, caused her mother’s injuries and contributed to her death on April 23, 2015.

Tenpenny seeks a jury trial, punitive and compensatory damages, plus litigation costs. She is represented by attorney Andrew L. Paternostro and Jeff D. Stewart of The Bell Law Firm PLLC in Charleston. Judge James C. Stucky is assigned to the case.

Kanawha Circuit Court Case number 16-C-362

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