GRETNA – The estate of a man who died while in a fire caused by smoking in bed while living in a local nursing home is suing.

Beatrice Addison, individually and as the administratrix of the estate of Marshall Miller, filed suit against Maison Deville Nursing Home of Harvey LLC and their insurer in the 24th Judicial District Court on Oct. 8.

Addison contends that on Sept. 1, 2012 Miller was a resident of Maison Devellie Nursing Home located at 2233 8th St. in Harvey when he was consumed by fire while laying in his bed. The plaintiff asserts that the incident was a result of the defendant’s lax policies for smokers and in which Miller was allowed to smoke without supervision despite a diagnosis of schizophrenia and acknowledged as not being able to care for himself. Addison claims that after Miller was severely burned in the fire he was transferred to burn unit at Baton Rouge General Hospital where he ultimately died.

The defendant is accused of wrongful death, failing to properly monitor the deceased, failing to properly monitor the deceased’s smoking, failing to see what should have been seen, failing to use caution, failing to properly care for the decedent, filing to see what should have been seen, failing to treat the deceased in manner consistent with nursing home practice, failing to provide adequate staffing, failing to provide adequate certified nursing aides, failing to properly administer the nursing home and failing to live up to proper fire safety standards.

An unspecified amount in damages is sought for deprivation of companionship, grief, mental anguish, distress and loss of nuture and guidance.

Addison is represented by Steven M. Koenig of New Orleans-based Valteau, Harris, Koenig & Mayer.

The case has been assigned to Division P Judge Lee V. Faulkner Jr.

Case no. 743-188.

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