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Suit claims Eldercare Health's negligence led to woman's multiple falls

WEST VIRGINIA RECORD

Sunday, December 22, 2024

Suit claims Eldercare Health's negligence led to woman's multiple falls

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RIPLEY — The personal representative of a nursing home resident is suing Eldercare of Jackson County LLC, doing business as Eldercare Health and Rehabilitation, and Todd Kimble, alleging reckless misconduct.

Kim Wigal, as personal representative of the estate of Charlotte Scott, filed a complaint April 27 in Jackson Circuit Court against the defendants alleging that they failed to implement appropriate policies and procedures to maintain the well-being of their residents.

According to the complaint, the plaintiff alleges that on May 13, 2014 Scott was admitted to the defendants' facility for rehabilitation and assistance. As a result of the defendants' negligence, she allegedly suffered multiple falls resulting in bilateral femur fractures, left knee dislocation, pain and suffering, all contributing to her death on June 9, 2017. The plaintiff holds the defendants responsible because they allegedly failed to provide a safe environment, failed to provide adequate supervision and assistive devices, and failed to provide appropriate care and treatment.

The plaintiff requests a trial by jury; and seeks all damages, attorney's fees, costs and all further relief as the court sees fit to award. She is represented by Jeff D. Stewart, Andrew L. Paternostro and S. Andrew Stonestreet of Stewart Bell PLLC in Charleston.

Jackson Circuit Court case number 18-C-36

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