WINFIELD — A couple is suing Fresenius Medical Care alleging they are responsible for injuries sustained in front of one of its dialysis centers.
HIMG Dialysis Center, Jan-Care Ambulance Inc., IAN Enterprises and John Doe were also named as defendants in the suit.
Pamela Anne Ward and David J. Ward, who are Putnam County residents, allege that IAM leased property to Fresenius where a dialysis center was operated and on Nov. 16, 2019, Jan-Care was transporting patients to and from the center for treatment, according to a complaint filed in Putnam Circuit Court.
Jan-Care was transporting the Pamela Ward on a gurney when the gurney rolled into a crack in the pavement and tipped over, dropping her to the ground, according to the suit.
The Wards claim as a result of the defendants' actions, Pamela Ward incurred severe and permanent physical and mental injuries.
The Wards claim Jan-Care was negligent and in its transport of Pamela Ward and causing her injuries. Fresenius and IAN are negligent in their duty to reasonably inspect, maintain and repair the premises in front of the dialysis center.
Fresenius and IAN both breached their duty by failing to properly inspect and maintain the premises and exposed Pamela Ward to a dangerous condition, according to the suit.
The Wards claim they suffered damages as a result of the incident that occurred out front of the dialysis center.
The Wards claim the defendants' actions caused David Ward to suffer a loss of consortium.
As a result of the defendants' negligence, the Wards suffered medical expense; pain and suffering; loss of enjoyment of life; loss of consortium; interest; attorney fees; and other damages.
The Wards are seeking compensatory damages with pre- and post-judgment interest. They are represented by Michael J. Del Giudice of Ciccarello, Del Giudice & LaFon in Charleston.
Putnam Circuit Court case number: 21-C-161
