Docs shouldn't have allowed man with seizures to drive, widow alleges

John Suayan, Galveston Bureau Aug. 4, 2010, 10:32am

GALVESTON - The wife of a deceased roofing company founder who perished in a one-car accident two years ago claims his physicians contributed to his death, recent court documents say.

Cathleen Marton's wrongful death lawsuit against Drs. Amit Verma and Howard Derman alleges the doctors knew that Keith Marton was not fit to drive because of his history of seizures, but gave him clearance to get behind the wheel after performing a certain procedure.

The suit was filed July 27 in Galveston County District Court.
The couple's sole child, Brittany Marton, is a co-plaintiff in the case.

Keith Marton, who started and operated Marton Roofing Industries from 1976 until his death on July 27, 2008, had at least three surgeries during the last six years of his life, according to the original petition.

Cathleen Marton further explains that Drs. Verma and Derman allowed her husband to drive after his last surgery and prescribed him medication to combat subsequent auras.

The medication increased toxicity levels in Keith Marton's body, which the physicians failed to treat, the suit argues.

The complaint says that Keith Marton, 48, suffered a seizure while driving and fatally crashed his car into a stationary object at a high rate of speed.

Consequently, the plaintiffs seek unspecified monetary damages and a jury trial.

Attorneys Brian W. Zimmerman and David M. Scott of Houston and Joseph J. Fisher III of Beaumont are representing the estate of Keith Marton.

The case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.

Case No. 10-cv-2054

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