Woman sues son’s estate
By TOM GIAMBRONI/tgiambroni@reviewonline.comLISBON -A woman left severely crippled after trying to save her paraplegic son from a 2008 house fire that claimed his life is suing his estate for money to help pay for her care.
Barbara Morgan, Bear Road, Amsterdam, filed a personal injury lawsuit Friday in Columbiana County Common Pleas Court against the estate of the late Michael Morgan, who lived on state Route 39, Salineville. Listed as fiduciary for the estate is Michael Morgan's wife, Juanita.
According to the lawsuit, Michael Morgan became a paraplegic four years ago as a result of an injury that left both of his knees in a permanently bent position. This left him bedridden and unable to use a wheelchair, leaving him dependent on his mother.
Michael Morgan was living alone in a house trailer when the fire occurred on May 24, 2008. A smoker, Michael Morgan extinquished a cigarette that fell into a wastebasket, starting the blaze, according to the lawsuit.
Barbara Morgan, who lived about a half mile away at the time, received a phone call from her son, telling her there was a fire and to come immediately. She and her husband, Ed Morgan, jumped in the car and rushed to the trailer.
Smoke was pouring out Michael Morgan's bedroom window when they pulled up. Ed Morgan unlocked the front door and they rushed inside, where Barbara Morgan saw her son, who was on fire. Michael Morgan was conscious enough to wrap his arms around his mother's neck as she tried to carry him from the burning trailer, but she was unable to get through the doorway because of his crippled legs.
Barbara Morgan collapsed in the bedroom doorway but she refused to leave her son's side, trying to shield him from the approaching flames. Barbara Morgan eventually passed out from smoke inhalation, as did her husband, but they were pulled from the burning trailer by passersby. Even though she was severely burned, Barbara Morgan tried to re-enter the trailer but was restrained from doing so by firefighters called to the scene.
Michael Morgan died in the fire, and his mother suffered severe burns to most of her body, requiring her left arm to be amputated below the elbow. Her right hand is almost useless. These injuries have left Barbara Morgan unable to care for herself and dependent on her daughter.
"As unpleasant as it is to pursue a claim against her deceased son, Barbara Morgan must do so because medical expenses and care expenses are enormous and are well beyond her means to pay," wrote attorney Daniel Osman of Canfield.
The lawsuit says Michael Morgan was negligent for smoking in bed when he couldn't extinquish any fire that might result. Approximately $25,000-plus in damages is being sought.
