Lawsuit claims Georgia Power negligent in death of Henry resident


Cressie Mae Curry woke up to no power in her Henry County home on May 10, 2016. She was recovering from cancer treatments when she started “gasping for air, suffocating and fighting for every breath…”

Paramedics rushed her to Piedmont Henry Hospital where doctors confirmed she had suffered acute respiratory failure and low oxygen in her blood and tissues and determined “she could not recover from her condition,” said her daughter Darlene Sumerlin.

Curry, 64, died 2 days later.

A day before power was cut off, Curry had received notice that her service would be disconnected, her daughter said. Her son pleaded to have an extension on medical grounds. Georgia Power asked for a letter from her doctor, which the family said was sent.

The family has filed a lawsuit against the utility accusing GeorgiaPower of negligence by cutting off the power, which powered the oxygen producing machine she depended on.

“The actions of the defendant Georgia Power Company in cutting off the power to a critical care patient was done recklessly, willfully, wrongfully, unwarranted, wanton and malicious,” the complaint read.

Details about how much was owed are still unclear. Curry’s daughter, Darlene Sumerlin said the retired employee of the Henry County school system had been struggling financially. Her power bill was delinquent, and she was dependent on her disability and social security checks.

On May 9, the Atlanta Cancer Center where Curry had been receiving treatment faxed a letter to Georgia Power, asking them not to cut off power to their patient’s house.

“Cressie Curry is under the care of this practice and is on oxygen. We are requesting you avoid any future interruption in her utility service due to her health status,” the letter dated May 9 read.

Sumerlin said the company acknowledged receipt of the letter. But why was the power cut? She still asks herself.

According to the lawsuit, Georgia Power’s decision to disconnect power was because the account was under a different person’s name (her son), not Cressie Mae Curry whose name was referenced in the letter from Atlanta Cancer Center.

“They killed her on a technicality, without checking the details of the account” said Robert Falanga of the Falanga and Chalker law firm. Falanga said the utility company should have called to verify the conflicting names on the account and the letter prior to disconnecting power to the home.

The company restored power to the home two hours later, but Curry was already at the hospital.

The Georgia Public Service Commission which regulates utilities in the state has rules that utilities must follow before disconnecting power to customers.

According to one rule relating to critical care patients, the commission prohibits the disconnection of power to a residential customer with a serious illness certified by medical professionals.

Georgia Power through its spokesperson said they do not disconnect customers for non-pay who are under a valid life-support status.

The company did not state whether they received the notice from Atlanta Cancer Care, or discuss details of the case.

“While we cannot discuss the specific litigation underway, we are currently considering the facts of this matter and plan to file our response later this month,” said company spokesman John Kraft.

Kraft added that the company only resorts to disconnection if all available options including offering advice on available payment assistance programs and services have been explored.



Reader Comments ...


Next Up in Local

MONDAY’S WEATHER-TRAFFIC: Storms expected early in week
MONDAY’S WEATHER-TRAFFIC: Storms expected early in week

Monday: High: 85 Monday night: Low: 72 Tuesday: High: 86 Metro Atlanta is “sandwiched” between weather systems, according to Channel 2 Action News. That should mean more rain early in the week, but nicer weather later, meteorologist Brian Monahan said Sunday. Rain chances are at 60 percent Monday and Tuesday ahead of...
Austin Ford, priest and 1st director of Emmaus House, became neighbor
Austin Ford, priest and 1st director of Emmaus House, became neighbor

In 1967, the Rev. Austin Ford, an Episcopal priest, moved into a run-down, two-story house in the Peoplestown area. He was a strange sight at first. The white man in his late 30s rode his bicycle through the predominantly black community and knocked on doors to talk to residents about ways they could work together to improve the area. The polished...
Ferguson Fire in California fully contained, officials say
Ferguson Fire in California fully contained, officials say

Firefighters battling the Ferguson Fire in California announced Sunday that the blaze is fully contained, KFSN reported. >> Read more trending news  The fire has raged in Mariposa County and around Yosemite National Park since July 13, scorching 96,901 acres and destroying 10 structures, The Sacramento Bee reported. Two firefighters...
Mickey Mantle jersey from 1964 sells for record $1.32 million
Mickey Mantle jersey from 1964 sells for record $1.32 million

A road jersey worn by New York Yankees Hall of Fame outfielder Mickey Mantle in 1964 sold for $1.32 million Saturday night, Sports Collectors Daily reported. The final price in the Heritage Auctions Summer Platinum Night sale, which included a 20 percent buyer’s premium, was a record price paid for any Mantle jersey. >> Read...
Crews searching for woman who went missing on Georgia lake 
Crews searching for woman who went missing on Georgia lake 

The search resumed Sunday for a 24-year-old woman who went missing while kayaking in Troup County. “The search for Maranda Whitten continues this morning,” sheriff’s officials said in a Facebook post.  Whitten, of Valley, Ala., was last seen Friday afternoon. Officials said she was on a family camping trip at Shaefer Heard Park...
More Stories