BECKLEY – The estate of a Nicholas County man blames Jan-Care Ambulance for his death.
Michael Shane Cruse, administrator of the estate of John W. Cruse, filed his complaint in federal court against Jan-Care Ambulance. Michael Cruse lives in South Carolina.
According to the complaint, John W. Cruse of Summersville was stable and ready for transport from West Virginia University Summersville Regional Medical Center to Virginia Commonwealth University Hospital for further evaluation on January 27, 2022. However, during the transfer carried out by Jan-Care on January 28, the ambulance developed mechanical issues and reportedly caught fire near White Sulphur Springs close to the Virginia border.
Cruse was removed from the ambulance and left on a cot on the side of Interstate 64 in freezing conditions with no heat or provision for his medical needs. When another ambulance arrived about an hour later, Cruse allegedly hypotensive, hypoxic and hypothermic. The complaint says these circumstances led to Cruse's death on January 29, 2022.
The estate seeks compensatory damages for Cruse's physical pain, pain and suffering, emotional distress and anguish, lost capacity to enjoy life, medical bills, organ failure and wrongful death. It also seeks punitive damages, court costs, pre- and post-judgment interests and other relief.
The estate is being represented by C. Michael Bee of Hill Peterson Carper Bee & Deitzler in Charleston and by Guy Bucci and Ashley Lynch in Charleston.
U.S. District Court for the Southern District of West Virginia case number 5:23-cv-00747