West Virginia Record

Thursday, February 20, 2020

Man sues West Virginia’s Choice for negligent services by caregiver

By Kyla Asbury | Jan 20, 2017

General court 06

MARTINSBURG – A man is suing West Virginia’s Choice Inc. after he claims he was provided a caregiver who was negligent and caused him financial harm.

Mulberry Street Management was also named as a defendant in the suit.

The defendants provided caregiving services for Ricky E. Britner Jr., according to a complaint filed in Berkeley Circuit Court. On Jan. 4, it was removed to federal court, but remanded back to state court on Jan. 9.

Britner claims as caregivers, the defendants owed him a fiduciary obligation in the performance of their caregiving services.

Joanna Fuentes, by using her position of trust and confidence while providing caregiving services, exploited and manipulated Britner by borrowing or otherwise obtaining money from him directly and via credit card, persuading him to co-sign on Fuentes’ financial obligations and using Britner’s home to care for her own children, according to the suit.

Britner claims Fuentes’ children caused damage to his property by damaging a MacBook Pro laptop computer, using a permanent marker on his dining set and damaging glass in his china cabinet.

The defendants had a duty to conduct appropriate background checks and screens on its caregivers and failed to do so with Fuentes, according to the suit.

Britner claims the defendants also negligently failed to create and enforce compliance with workplace standards with regard to Fuentes’ services to him.

The defendants negligently failed to adequately monitor and supervise the activities of Fuentes with regard to her conduct toward Britner and their negligence caused harm to Britner, including financial loss, aggravation, annoyance, inconvenience and emotional upset, according to the suit.

Britner is seeking compensatory and punitive damages. He is being represented by David M. Hammer of Hammer Ferretti & Schiavoni.

Berkeley Circuit Court case number: 16-C-640

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Organizations in this Story

Hammer, Ferretti & Schiavoni