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Estate executor alleges Pine Lodge was negligent in decedent's care

By Philip Gonzales | Jan 17, 2017

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CHARLESTON – An estate executor alleges a Beckley long-term care facility failed to provide a safe environment for his decedent.

Christopher C. Smith, as executor of the estate of Shirley A. Smith, deceased filed a complaint on Dec. 19 in Kanawha Circuit Court against Genesis Healthcare Inc., Pine Lodge, et al., alleging negligence, wrongful death and other counts.

According to the complaint, the plaintiff alleges that before decedent Shirley Smith's death on June 30, 2016, she was a resident at defendants' long-term care facility. Due to defendants' alleged negligence, the suit states she sustained injuries to her body that resulted in pain and suffering. The plaintiff holds Genesis Healthcare Inc., Pine Lodge, et al. responsible because the defendants allegedly failed to provide a safe environment free from neglect and abuse.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, together with interest, attorney's fees, costs of suit and such other appropriate relief. He is represented by Ryan J. Duty of Wilkes & McHugh PA in Pittsburgh. The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court Case number 16-c-1877

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Kanawha Circuit Court