HUNTINGTON — A New York woman is suing Grayson Assisted Living for the death of her brother.
Grayson Caring Hands and Grayson Assisted Living were both named as defendants in the suit.
Brenda Lee, of Vernon, N.Y., is the sister of Charles Allen Carroll, who was a resident of Grayson's facility on Washington Ave. in Huntington until Dec. 30, 2021, according to a complaint filed in Cabell Circuit Court.
Carroll suffered from several chronic medical conditions, including dementia, Alzheimer's and/or other conditions that affected his mental capacity.
On Dec. 30, 2021, the facility called an ambulance for Carroll to have him transported to a hospital for an acute illness and he was taken to Cabell Huntington Hospital, according to the suit.
Lee claims Carroll, over four hours at Cabell, was seen on hospital surveillance cameras being moved to and wandering around various areas of the hospital, both inside and outside, interacting with and/or being provided care and/or services by hospital agents and wearing a hospital gown.
"At one point, Mr. Carroll is seen on surveillance footage lying on the ground in the bushes outside the hospital while wearing a hospital gown appearing to talk to a hospital medical service provide who seems to be smoking a cigarette," the complaint states.
Lee claims at approximately 8:20 p.m. Carroll is seen on hospital cameras walking down the sidewalk of Hal Greer Boulevard and away from the hospital while still wearing the hospital gown.
On Jan. 5, 2022, Carroll was reported missing to local police and the following day, an AMBER alert was issued for him, which was one week after he had been last seen on the hospital surveillance cameras, according to the suit.
Carroll was found deceased in a shed just a few blocks away from the hospital on Feb. 21, 2022, where it is believed that he died due to hypothermia.
Lee claims Grayson had a duty to timely follow up with EMS and the hospital concerning Carroll and failed to do so.
Lee is seeking compensatory and punitive damages. She is represented by Brian L. Ooten of Ooten Law in South Charleston and Kyle R. Salyer of Morgan Collins Yeast & Salyer in Paintsville, Ky.
The case is assigned to Circuit Judge Christopher D. Chiles.
Cabell Circuit Court case number: 23-C-220