Brother-in-law alleges nursing home operators' negligence caused relative's death

By Philip Gonzales | May 11, 2018

HUNTINGTON — A brother-in-law is suing Huntington nursing home facility operators, alleging insufficient measures were taken to prevent injuries and the death of a relative.

Donald M. Justice of Fort Gray, as personal representative of the estate of Ervin Marcum, filed a complaint in Cabell Circuit Court against Seventeenth Street Associates LLC, doing business as Huntington Health and Rehabilitation Center, et al, alleging the nursing home facility operators negligently violated Marcum's rights as an assisted living facility resident.

According to the complaint, between April 30-July 1, 2016, Marcum was a resident at Huntington Health and Rehabilitation Center for the purpose of receiving care, treatment and assistance. During that period, the suit says, Marcum suffered abuse and neglect, resulting in physical injuries, mental anguish, aggravation of existing diseases and physical defects, all contributing to his death July 16, 2016. 

The plaintiff alleges Huntington Health and Rehabilitation Center failed to provide health carer services in compliance with state laws and failed to provide adequate supervision and assistance.

Justice seeks trial by jury, compensatory and punitive damages, attorney fees, costs and expenses and all other items the jury sees fit to award. He is represented by attorneys Jeff D. Stewart, Andrew L. Paternostro and S. Andrew Stonestreet of Stewart Bell PLLC in Charleston.

Cabell Circuit Court case number 18-C-145

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Cabell Circuit Court Stewart | Bell PLLC

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