Edith Sepulvado was admitted to the Toledo Nursing Center, Inc. on May 1, 2001. She was 81 at the time, suffering from advanced Alzheimer’s. She was at high risk for falls and a variety of restraints were used including mats around her bed. In mid-January, she fell, suffering a head bruise and a skin tear. […]
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Plaintiffs filed suit against physicians, nursing home and parish coroner. The coroner filed a peremptory exception contending there was no cause of action, contending he had no duty to assist the family in preserving evidence of alleged negligence. Plaintiffs insist that the coroner was legally obligated to perform an autopsy under La. R.S. § 33:1563(B)(1) […]
The court affirmed dismissal due to prescription. Resident went from hospital to nursing home where she treated for decubitus ulcers developed at the hospital. After admission to the nursing home, she developed additional decubitus ulcers, gastrointestinal bleeding, pneumonia and infection in her right foot. She died on October 1, 2003. After initially proceeding against other […]
This is not a long-term care case. Sanctions were awarded against the Plaintiff’s attorney for improperly asserting a direct liability claim against the President of a corporation. Barnhill, acting as counsel for a builder, filed suit against a roofing products manufacturer, alleging defective roofing shingles were installed in a home. The builder sought to compel […]
This is not a long-term care case. In Forsythe v. Clark USA, Inc., 864 N.E.2d 227 (Ill. Sup Ct. February 16, 2007), the Illinois Supreme Court affirmed the court of appeals, finding that a parent corporation may be directly liable where it exerts eccentric budgetary control over its subsidiary. In Forsythe, the court said the parent […]
Margretta K. Brice died leaving two children, Janice B. Stout and Stephen Curtice Brice. After Margretta died in 2005, Stephen filed a petition to probate her Will in solemn form. Stephen and Janice were the only beneficiaries. With the petition, Stephen filed an acknowledgment of service and assent to probate instanter executed by Janice. The […]
Burnice L. Barnum sued Coastal Health Services as administrator of the estate of her uncle Jimmy L. Barnum. Barnum was a resident at Coastal from June 2, 1997 until his death on September 22, 2001. Barnum suffered from numerous medical conditions, including diabetes mellitus, peripheral vascular disease, dementia, incontinence, and stroke-related problems such as difficulty […]
Plaintiff appealed dismissal of their claims against a nursing home and four employees based on failure to comply with O.C.G.A. § 9-11-9.1, which requires the filing of an expert’s affidavit with complaints alleging malpractice. Defendant’s motion was not ruled on immediately and limited discovery was conducted. Seven months later, the motion was renewed. Two of […]
n 2003, Frankie Walker created an irrevocable trust. After her death, her husband, Van Anda, sought to set aside the trust and transfers into the trust, arguing they were the product of undue influence. The trust, as drafted had the effect of leaving virtually all of Frankie’s estate to her sister, Mollie Lewis. Frankie, then […]
Porter Morrison Ryan was survived by her daughter, Mary Frances Tuttle and other relatives. After Porter died in 2003, Tuttle asked the court to probate a Will executed in 1956. The other relatives objected, contending that the 1956 Will was revoked when Porter executed a new Will in 1999. Tuttle responded arguing that Porter was […]
