FAYETTEVILLE — A husband is suing health care providers, citing alleged negligence and vicarious liability.
David R. Coburn, durable power of attorney of Mary L. Coburn, filed a complaint in Fayette Circuit Court against Montgomery General Elderly Care Center, Inc. d/b/a Montgomery Rehab & Nursing and Montgomery General Hospital, Inc. d/b/a Montgomery General Hospital alleging that they deprived a resident of her right to receive adequate and appropriate health care and protective support services consistent with her care plan.
According to the complaint, between Sept. 29, 2015, and April 23, 2017, Mary L. Coburn was a resident at the defendants' nursing home for rehabilitation and assistance with her activities of daily living. David Coburn claims during his wife's residency, she allegedly suffered serious injuries, resulting in pain and suffering.
Coburn holds Montgomery General Elderly Care Center, Inc. d/b/a Montgomery Rehab & Nursing and Montgomery General Hospital, Inc. d/b/a Montgomery General Hospital responsible because they allegedly failed to provide his wife with adequate supervision, assistive devices and an environment free of hazards to prevent accidents.
The plaintiff requests a trial by jury and seeks judgment for damages allowable under West Virginia law, attorney's fees, punitive damages, as well as any other relief the Court sees fit. He is represented by Jeff D. Stewart, Andrew L. Paternostro and S. Andrew Stonestreet of Stewart | Bell PLLC in Charleston.
Fayette Circuit Court Case number 18-C-203