Darlene Payson was a resident at Avanta Villa at Jacksonville, a nursing home. After her death, her estate filed an action under Florida’s resident rights statute. The estate alleged a failure to take adequate precautions or provide adequate supervision and, as a result, Payson suffered numerous falls, one of which resulted in a right pneumothorax, […]
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McGillen filed suit against Extendicare, its subsidiaries, three other defendant corporations, and five individual defendants, alleging that they all operated the defendant nursing home. Extendicare, a Canadian corporation filed a motion to quash service of process and to dismiss. The trial court denied its motion and Extendicate appealed. On appeal the court noted that Extendicare […]
Nursing home moved to compel arbitration, which was denied because it designated the American Health Lawyer’s Association as the arbitrator (which no longer accepts arbitration of health care disputes where binding arbitration agreements are signed pre-injury). The court found it could not re-write the agreement for the nursing home. “Given the nature of the relationship […]
Court of Appeals affirmed in part and reversed in part after trial court denied motion for new trial. Estate, substituted for resident after her death, contended that final judgment for Defendants was erroneous and a new trial was warranted because the trial court improperly limited claims under the Nursing Home Residents’ Act. The case was […]
Two Defendants appealed from the trial court’s denial of a motion to dismiss for lack of personal jurisdiction. The appealing Defendants had filed affidavits alleging that they did not conduct business in Florida, were not licensed to do business there and did not maintain offices there. They alleged they did not manage or operate the […]
Plaintiff filed suit for negligence and violations of the Florida Nursing Home Residents Act (Plaintiff was beaten and raped). Defendants moved for arbitration. Plaintiff argued that the resident never signed the arbitration agreement and her son, who signed it, had no authority to do so. Plaintiff also argued that the arbitration agreement was substantively and […]
This is a class action case filed against a nursing home following Hurricane Katrina. The magistrate denied Defendant’s motion to implead the U.S. Army Corps of Engineers as a third-party defendant, finding they could not be liable. Defendants asked the District Court to set aside the magistrate’s ruling. In reviewing the rules, the Court found […]
Plaintiff alleged that Four Seasons Nursing Centers abused her mother. She maintained that ManorCare’s conscious indifference to her mother’s unresponsive and comatose condition during the summer of 2005 lead to her mother’s hospitalization and eventual death. Defendant filed a motion to dismiss alleged violations of the Oklahoma Consumer Protection Act and to dismiss claims for […]
When Luanna Campbell was admitted to a nursing home, her daughter signed a number of agreements, including an arbitration agreement. Plaintiff argued there was no valid agreement to arbitrate because: (1) Lizzie Bowens lacked the authority to bind Luanna Campbell to arbitration; (2) the circumstances in which Campbell signed the agreement are dubious; and, (3) […]
Plaintiff filed suit on August 25, 2004 against Mariner Health Care, Inc. ; National Heritage Realty, Inc.; Grancare, Inc. ; Evergreen Healthcare, Inc. ; J.D. Lee; Boyd Gentry; Roy Dumas; Lisa Collins; George D. Morgan; Sydney K. Boone, Jr.; Angela Kuntz; James F. Craven; Unidentified Entities 1-10; and John Does 1-10 (As to Yazoo City […]
