COMMONWEALTH OF KENTUCKYq-c_-_ tx:>~ 7 / "

FLOYD CIRCUIT COURT N6.- .}..: DIV. -4-

DIVISION NO.___ FILED.a1_DAYOF rrz;f"'T---,-=-:2o~_J1.""'
SUMMONS AND COPIES ISSUED
FLOYD CIRCUI DIST ICTCOURT
CIVILACTIONNO. 19-CI- BY_ _ _....IJlo----,+f!'-1,,~-"---D.C.
--------

JUDITH COLEMAN, AS EXECUTRIX PLAINTIFFS

OF THE ESTATE OF :MICHAEL COLEMAN
and

PATRICIA BLANKENSHIP

V.

MOUNTAIN COMPREHENSIVE
CARE CENTER, INC.

Serve: Promod Bishnoi,

Registered Agent
104 S. Front Avenue
Prestonsburg, KY 41653

and

CASTLE'S ROOFING & SIDING DEFENDANTS

SALES, INC.

Serve: Registered Agent

Frank A. Castle
605 Broadway Street
Paintsville, KY 41240

COMPLAINT
 COMES the Plaintiffs, Judith Coleman, as Executrix of the Estate of Michael

Coleman and Patricia Blankenship, and for their claims and causes of action _against the
Defendants, herein states as follows:

1. Plaintiff, Judith Coleman, Executrix of the Estate ofMichael Coleman, is and

was at all times relevant herein a resident of Pike County, Kentucky, with a mailing address

of 195 Bevins Branch, Pikeville, KY 41501. Plaintiff Judith Coleman is the sister of

Michael Coleman, and was appointed as Executrix by the Pike District Court, Probate

Division, on June 4, 2019. (A copy of the Order is attached hereto as Exhibit 1.) Plaintiff

Judith Coleman as Executrix of the Estate of Michael Coleman, deceased, prosecutes this

action pursuant to the provisions of KRS 411.130(1).

2. Plaintiffs decedent, Michael Coleman, was at all times relevant herein a

resident of Pike County, Kentucky, with a mailing address of223 River Branch, Pikeville,

KY 41501.

3. Plaintiff, Patricia Blankenship, is and was at all times relevant herein a

resident of Pike County, Kentucky, and has a current mailing address of 5717 State

Highway 194W, Pikeville, Kentucky 41501.

4. The Defendant, Mountain Comprehensive Care Center, Inc., is a corporation

duly organized and existing under the laws of the Commonwealth of Kentucky and does

business in the Commonwealth of Kentucky. Its statutory home office is 104 S. Front

Avenue, Prestonsburg, KY 41653. Its ·agent for service of process is Promod Bishnoi, 104

S. Front Avenue, Prestonsburg, KY 41653.

 5. The Defendant, Castle's Roofing & Siding Sales, Inc., is a corporation duly

organized and existing under the laws of the Commonwealth of Kentucky and does

business in the Commonwealth of Kentucky. Its statutory home office is 605 Broadway

Street, Paintsville, KY 41240. Its agent for service of process is Frank A. Castle, 605

Broadway Street, Paintsville, KY 41240.

6. All acts complained of occurred in Floyd County, Kentucky, and all damages

are in excess of the jurisdictional limits of this Court, and the diversity limits of the U.S.

District Court. However, no diversity of citizenship exists pursuant to 28 U.S.C. §1332.

7. That on or about May 29, 2019, Plaintiff's decedent, Michael Coleman was

driving his truck on West Court Street in Prestonsburg, Kentucky, adjacent to the premises

of the Mountain Comprehensive Care building at 242 West Court Street, Prestonsburg,

Kentucky, when a recently repaired or replaced section of roof detached and struck his

truck, killing him. The Plaintiff, Patricia Blankenship, was a passenger in the vehicle being

operated by Michael Coleman, and received serious physical and psychological injuries as

a result thereof.

COUNT!

8. The Plaintiffs, Patricia Blankenship and the Estate of Michael Coleman,

adopt and reiterate each and every allegation as set out herein and incorporate the same by

reference.

9. Defendant, Mountain Comprehensive Care, Inc., was responsible for the

control, maintenance, and physical condition of its building located on West Court Street

in Prestonsburg, Kentucky.
 10. Defendant Mountain Comprehensive Care, Inc., was responsible for the

safety of its structure located on West Court Street in Prestonsburg, Kentucky, and was

aware of, or should have been aware of, the hazardous condition caused by the failure to

properly construct or reconstruct the roof to prevent its detachment and subsequent injury

to members of the public.

11. Defendant, Mountain Comprehensive Care, Inc., had, at all times relevant

thereto, a duty to maintain its building on West Court Street in Prestonsburg, Kentucky in

a reasonably safe condition.

12. Defendant Mountain Comprehensive Care, Inc. and/or its agents, servants,

employees, or representatives, negligently violated their duty to Plaintiffs decedent,

Michael Coleman, in that a dangerous condition existed in the structure of its building on

West Court Street in Prestonsburg, Kentucky, which was controlled, owned, and/or

maintained by Defendant Mountain Comprehensive Care, Inc.

13. Defendant Mountain Comprehensive Care, Inc. and/or its agents, servants,

employees, or representatives, knew or should have known that persons traversing the

vicinity of this building would be unaware of the dangerous condition. Said dangerous

condition caused Plaintiffs decedent Michael Coleman to experience pre-impact and post-

impact fright, pain and suffering, mental anguish, and death.

14. Defendant Mountain Comprehensive Care, Inc. and/or its agents, servants,

employees, or representatives, failed to adequately mark the dangerous condition, or to

adequately post a warning concerning the dangerous area, or to adequately warn the public,

such as Plaintiffs decedent, of the presence of the dangerous area.

 15. The actions and/or omissions of Defendant Mountain Comprehensive Care,

Inc. and/or its agents, servants, employees, or representatives, constituted negligence, gross

negligence, and/pr reckless disregard for human life.

16. As a direct and proximate result of the negligence, gross negligence, and/or

reckless disregard of Defendant Mountain Comprehensive Care, Inc, and/or its agents,

servants, employees, or representatives, Plaintiff's decedent Michael Coleman was caused

to experience pre-impact and post-impact fright, pain and suffering, mental anguish, and

death.

17. As a direct and proximate result of the negligence, gross negligence, and/or

reckless disregard of Defendant Mountain Comprehensive Care, Inc. and/or its agents,

servants, employees, or representatives, Plaintiff's decedent Michael Coleman was caused

to experience lost wages and the inability to earn money in the future.

18. That Defendant Mountain Comprehensive Care, Inc.'s actions or omissions

constitute negligence, negligence per se, gross negligence, and/or reckless disregard for

human life.

COUNT II

19. The Plaintiffs, Patricia Blankenship and the Estate of Michael Coleman,

adopt and reiterate each and every allegation as set out herein and incorporate the same by

reference.

20. Defendant, Mountain Comprehensive Care, Inc., was responsible for the

control, maintenance, and physical condition of its building located on West Court Street

in Prestonsburg, Kentucky.
 21. Defendant Mountain Comprehensive Care, Inc., was responsible for the

safety of its structure located on West Court Street in Prestonsburg, Kentucky, and was

aware of, or should have been aware of, the hazardous condition caused by the failure to

properly construct or reconstruct the roof to prevent its detachment and subsequent injury

to members of the public.

22. Defendant, Mountain Comprehensive Care, Inc., had, at all times relevant

thereto, a duty to maintain its building on West Court Street in Prestonsburg, Kentucky in

a reasonably safe condition.

23. Defendant Mountain Comprehensive Care, Inc. and/or its agents, servants,

employees, or representatives, negligently violated their duty to Plaintiff, Patricia

Blankenship, in that a dangerous condition existed in the structure of its building on West

Court Street in Prestonsburg, Kentucky, which was controlled, owned, and/or maintained

by Defendant Mountain Comprehensive Care, Inc.

24. Defendant Mountain Comprehensive Care, Inc. and/or its agents, servants,

employees, or representatives, knew or should have known that persons traversing the

vicinity of this building would be unaware of the dangerous condition. Said dangerous

condition caused Plaintiff Patricia Blankenship to suffer permanent and severe bolily and

emotional injuries, and as a result thereof, the Plaintiff, Patrica Blankenship, has been

caused to endure such pain, suffering, mental anguish, disfigurement, and inconvenience,

and will continue to endure such pain, suffering, mentl anguish, disfigurement, and

inconvenience int he future. Further, the Plaintiff, Patricia Blankenship, has incurred and

will incur future medical bills and physician expenses, and/or other related expenses, pre-
judgment and post-judgment interest, court costs, attorney fees and permanent impairment

of her ability to labor and earn a living.

25. Defendant Mountain Comprehensive Care, Inc. and/or its agents, servants,

employees, or representatives, failed to adequately mark the dangerous condition, or to

adequately post a warning concerning the dangerous area, or to adequately warn the public,

such as the Plaintiff, Patricia Blankenship, of the presence of the dangerous area.

26. The actions and/or omissions of Defendant Mountain Comprehensive Care,

Inc. and/or its agents, servants, employees, or representatives, constituted negligence, gross

negligence, and/or reckless disregard for human life.

27. As a direct and proximate result of the negligence, gross negligence, and/or

reckless disregard of Defendant Mountain Comprehensive Care, Inc. and/or its agents,

servants, employees, or representatives, Plaintiff Patricia Blankenship was caused to suffer

pennanent and severe bolily and emotional injuries, and as a result thereof, the Plaintiff,

· Patrica Blankenship, has been caused to endure such pain, suffering, mental anguish,

disfigurement, and inconvenience, and will continue to endure such pain, suffering, mentl

anguish, disfigurement, and inconvenience int he future. Further, the Plaintiff, Patricia

Blankenship, has incurred and will incur future medical bills and physician expenses,

and/or other related expenses, pre-judgment and post-judgment interest, court costs,

attorney fees and permanent impairment of her ability to labor and earn a living.

28. That Defendant Mountain Comprehensive Care, Inc.'s actions or omissions

constitute negligence, negligence per se, gross negligence, and/or reckless disregard for

human life.
 COUNTIII

29. The Plaintiffs, Patricia Blankenship and the Estate of Michael Coleman,

adopt and reiterate each and every allegation as set out herein and incorporate the same by

reference.

30. Defendant, Castle's Roofing & Siding Sales, Inc., built, replaced, and/or

repaired the roof of the subject building located on West Court Street in Prestonsburg,

· Kentucky.
31. Defendant Castle's Roofing & Siding Sales, Inc., was responsible for

building, replacing, and/or repairing the roof of the subject structure located on West Court

Street in Prestonsburg, Kentucky, in a manner consistent with applicable building codes

and the safety of the public.

32. Defendant Castle's Roofing & Siding Sales, Inc. was aware of, or should

have been aware of, the hazardous condition caused by the failure to properly repair or

replace the roof to prevent its detachment and subsequent injury to members of the public.

33. Defendant Castle's Roofing & Siding Sales, Inc., and/or its agents, servants,

employees, or representatives, negligently violated their duty to Plaintiffs decedent,

Michael Coleman, in creating or allowing a dangerous condition to exist in the roof

structure of the subject building on West Court Street in Prestonsburg, Kentucky.

34. Defendant Castle's Roofing & Siding Sales, Inc., and/or its agents, servants,

employees, or representatives, knew or should have known that persons traversing the

vicinity of this building would be unaware of the dangerous condition. Said dangerous
condition caused the Plaintiffs decedent Michael Coleman to experience pre-impact and

post-impact fright, pain and suffering, mental anguish, and death.

35. Defendant Castle's Roofing & Siding Sales, Inc., and/or its agents, servants,

employees, or representatives, failed to adequately mark the dangerous or to adequately

post a warning concerning the dangerous area, or to adequately warn the public, such as

Plaintiffs decedent, of the presence of the dangerous area.

36. The actions and/or omissions of Castle's Roofing & Siding Sales, Inc., and/or

its agents, servants, employees, or representatives, constituted negligence, gross

negligence, and/or reckless disregard for human life.

37. As a direct and proximate result of the negligence, gross negligence, and/or

reckless disregard of Defendant Castle's Roofing & Siding Sales, Inc.and/or its agents,

servants, employees, or representatives, Plaintiff's decedent Michael Coleman was caused

to experience pre-impact and post-impact fright, pain and suffering, mental anguish, and

death.
38. As a direct and proximate result of the negligence, gross negligence, and/or

reckless disregard of Defendant Castle's Roofing & Siding Sales, Inc. and/or its agents,

servants, employees, or representatives, Plaintiffs decedent Michael Coleman was caused

to experience lost wages and the inability to earn money in the future.

39. That Defendant Castle's Roofing & Siding Sales, Inc.'s actions or omissions

constitute negligence, negligence per se, gross negligence, and/or reckless disregard for

human life.
 COUNT IV

40. The Plaintiffs, Patricia Blankenship and the Estate of Michael Coleman,

adopt and reiterate each and every allegation as set out herein and incorporate the same by

reference.

41. · Defendant, Castle's Roofing & Siding Sales, Inc., built, replaced, and/or

repaired the roof of the subject building located on West Court Street in Prestonsburg,

Kentucky.

42. Defendant Castle's Roofing & Siding Sales, Inc., was responsible for

building, replacing, and/or repairing the roof of the subject structure located on West Court

Street in Prestonsburg, Kentucky, in a manner consistent with applicable building codes

and the safety of the public.

43 . Defendant Castle's Roofing & Siding Sales, Inc. was aware of, or should

have been aware of, the hazardous condition caused by the failure to properly repair or

replace the roof to prevent its detachment and subsequent injury to members of the public.

44. Defendant Castle's Roofing & Siding Sales, Inc., and/or its agents, servants,

employees, or representatives, negligently violated their duty to Plaintiff, Patricia

Blankenship, in creating or allowing a dangerous condition to exist in the roof structure of

the subject building on West Court Street in Prestonsburg, Kentucky.

45. Defendant Castle's Roofing & Siding Sales, Inc., and/or its agents, servants,

employees, or representatives, knew or should have known that persons traversing the

vicinity of this building would be unaware of the dangerous condition. Said dangerous

condition caused the Plaintiff, Patricia Blankenship, to suffer permanent and severe bolily
and emotional injuries, and as a result thereof, the Plaintiff, Patricia Blankenship, has been

caused to endure such pain, suffering, mental anguish, disfigurement, and inconvenience,

and will continue to endure such pain, suffering, mental anguish, disfigurement, and

inconvenience int he future. Further, the Plaintiff, Patricia Blankenship, has incurred and

will incur future medical bills and physician expenses, and/or other related expenses, pre-

judgment and post-judgment interest, court costs, attorney fees and permanent impairment

of her ability to labor and earn a living.

46. Defendant Castle's Roofing & Siding Sales, Inc., and/or its agents, servants,

employees, or representatives, failed to adequately mark the dangerous or to adequately

post a warning concerning the dangerous area, or to adequately warn the public, such as

Plaintiff, Patricia Blankenship, of the presence of the dangerous area.

47. The actions and/or omissions of Castle's Roofing & Siding Sales, Inc., and/or

its agents, servants, employees, or representatives, constituted negligence, gross

negligence, and/or reckless disregard for human life.

48. As a direct and proximate result of the negligence, gross negligence, and/or

reckless disregard of Defendant Castle's Roofing & Siding Sales, Inc. and/or its agents,

servants, employees, or representatives, the Plaintiff, Patricia Blankenship was caused to

suffer permanent and severe bodily and emotional injuries, and as a result thereof, the

Plaintiff, Patricia Blankenship, has been caused to endure such pain, suffering, mental

anguish, disfigurement, and inconvenience, and will continue to endure such pain,

suffering, mental anguish, disfigurement, and inconvenience int he future. Further, the

Plaintiff, Patricia Blankenship, has incurred and will incur future medical bills and
physician expenses, and/or other related expenses, pre-judgment and post-judgment

interest, court costs, attorney fees and permanent impairment of her ability to labor and

earn a living.

49. That Defendant Castle's Roofing & Siding Sales, Inc.' s actions or omissions

constitute negligence, negligence per se, gross negligence, and/or reckless disregard for

human life.

COUNTY

50. The Plaintiffs, Patricia Blankenship and the Estate of Michael Coleman,

adopt and reiterate each and every allegation as set out herein and incorporate the same by

reference.
51. That the actions or omissions of Defendants violated applicable Kentucky

statutes, administrative regulations, and/or building codes.

52. That the actions or omissions of Defendants constituted negligence per se.

COUNT VI

53. The Plaintiffs, Patricia Blankenship and the Estate of Michael Coleman,

adopt and reiterate each and every allegation as set out herein and incorporate the same by

reference.

54. That the actions or omissions of Defendants constitute gross negligence,

and/or reckless disregard for human life.

55. That such actions or omissions of Defendants constituting gross negligence,

and/or reckless disregard for human life entitle the Plaintiffs to punitive damages.
 WHEREFORE, Plaintiffs, Judith Coleman as Executrix of the Estate of Michael

Coleman, and Patricia Blankenship respectfully demand as follows:

1. That the Clerk of this Court issue Summons to Defendant, Mountain

Comprehensive Care Center, Inc., by and through its agent for service of process, Promod

Bishnoi, 104 S. Front Avenue, Prestonsburg, Kentucky 41653 and direct a copy thereof,

along with a copy of this Complaint, to this Defendant.

2. That the Clerk of this Court issue Summons to Defendant, Castle Roofing &

Siding Sales, Inc., by and through its agent for service of process, Frank A. Castle, 605

Broadway Street, Paintsville, Kentucky 41240 and direct a copy thereof, along with a copy

of this Complaint, to this Defendant.

3. Judgment against Defendants, Mountain Comprehensive Care Center, Inc.,

and Castle's Roofing & Siding Sales, Inc., jointly and severally, in favor of the Plaintiff,

Judith Coleman as Executrix of the Estate of Michael Coleman, in an amount in excess of

the jurisdictional limits of this Court and the U.S. District Court, said amount to be that

which is determined as being fair and reasonable by all the evidence, for the following

elements of damages:
a. Pre-impact and post-impact fright, past pain and suffering;

b. Past medical expenses;

c. Destruction of Plaintiffs decedent, Michael Coleman's, power to

labor and earn money;

d. Lost wages; and

 e. Funeral, burial, and administrative probate expenses.

4. Judgment against Defendants, Mountain Comprehensive Care Center, Inc.,

and Castle's Roofing & Siding Sales, Inc., jointly and severally, in favor of the Plaintiff,

,fl( Patricia Blankenship, in an amount in excess of the jurisdictional limits of this Court and

the U.S. District Court, said amount to be that which is determined as being fair and

reasonable by all the evidence, for the following elements of damages:

a. Past mental and physical pain and suffering and inconvenience;

b. Future mental and physical pain and suffering and

inconvenience;

c. Lost Wages;

d. Permanent impainnent of her ability to earn money; and

Future medical expenses and past medical expenses to the extent that
e.
these elements of damages are not paid or payable to the Plaintiff by

her own insurance carrier at the time of trial pursuant to the provisions

ofKRS Chapter 304;

f. Miscellaneous expenses incurred by the Plaintiff, Patricia

Blankenship, including by not limited to travel expenses and/or

replacement services necessitated by the negligent acts of the

Defendants.

5. Punitive damages.

6. Pre-judgment and post-judgment interest.

7. Plaintiffs' costs expended herein, including reasonable attorney fees.

s. Trial by Jury.

9. And any and all other relief to which Plaintiffs may be entitled.

GARY C. JOHNSON, P.S.C.

110 CAROLINE A VENUE
P. O.BOX231
PIKEVILLE, KY 41502
1ELEPHONE: (606) 437-4002
FAX· 606) 437-0021

~ -1(/~
GARY C. JOHNSON
DUSTIN R. WILLIAMS
TRENT ROBINSON
Counsel/or the Plaintiff.
Judith Coleman, as Executrix ofthe
Estate ofMichael Coleman

AND

The Law Offices of Ray S. Jones, PSC

P. 0. Box 3850
Pikeville, KY 41502
Ph: (606) 432-5777
Facsimile:(606) 432-5154

.J(cJ/v,
RAY S. JONES, II
I M&iLL
KEVIN P. KEENE
Counsel for the Plaintiff,
Patricia Blankenship