State pays $200K in OVH death case

SANDUSKY — A law firm received a $200,000 settlement from the state in a wrongful death case involving a former Ohio Veterans Home resident.Lawyers with Sandusky-based Murray & Murray, who represented the estate of Leon "Harry" Kimberlin, 67, recently announced his legal battle ended after "two years of intense litigation."In December 2013, Kimberlin gained access to a motorized wheelchair and left the home's premises. The wheelchair previously belonged to a home resident who had recently died. As Kimberlin entered the intersection of Strub and Milan (U.S. 250) roads, a car struck him. The impact ejected Kimberlin from his chair. He succumbed to his life-threatening injuries about two hours later at a Toledo-area hospital.Attorneys Margaret and Charlie Murray contended Kimberlin, who suffered from dementia, constituted a "flight risk.""The resident's solo ventures out while living at the Ohio Veterans Home facilities were well documented by the home," the statement read. "The Ohio Veterans Home had a duty to provide the resident with a safe environment, to provide him with adequate and timely medical care and to ensure that he did not leave the premises alone and without letting his family know where he was going."Ohio Veterans Home employees displayed negligence as they repeatedly let this happen to Kimberlin and others, the attorneys said."The failure to ensure that there was a process implemented to protect at-risk residents from eloping directly resulted in the resident's death," the statement read.Natalie Pantalos, a spokeswoman with the state's veterans services department, which oversees all Ohio Veterans Home activities, provided a response to the Register."We are deeply saddened by the death of any resident and cooperated fully with the grieving family to reach the resolution of this settlement," Pantalos said. "The safety, health and quality of life of our residents are of utmost importance to us."Reach reporter Andy Ouriel at ouriel@sanduskyregister.com and follow him on Twitter @AndyOuriel.