Texas Appellate Court Holds Fall Due To Crack In Assisted Living Sidewalk Not Health Care Liability Claim
The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) held in its split-decision En Banc Opinion filed on May 3, 2021: “Here, the standards on which Faber bases her claim do not implicate Collin Creek’s duties…
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Seattle Assisted Living Facility To Pay $8M To Settle Sexual Abuse Lawsuit
The Associated Press (AP) reported that a Seattle assisted living facility’s insurance company has agreed to settle a lawsuit that alleged that the assisted living facility’s lax supervision of an employee resulted in the ability of the employee to repeatedly…
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South Carolina Supreme Court Refuses To Enforce Assisted Living Facility Arbitration Agreement
The Supreme Court of South Carolina, in its opinion dated March 10, 2021, held: “Under the facts of this case, neither the GDPOA [General Durable Power of Attorney] nor the HCPOA [Health Care Power of Attorney] granted Arredondo authority to…
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New Jersey Appellate Court Does Not Allow Expert’s Net Opinion Against Assisted Living Facility
In its decision filed on February 5, 2021, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in an assisted living negligence case that “inspecting a patient’s room at least once per hour may well be…
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Chancellor Senior Management, Ltd Loses Bid To Force Arbitration Of Assisted Living Class Action Claims
In 2016, the plaintiff filed a proposed class action lawsuit against Chancellor Senior Management, Ltd (“Chancellor”) alleging that Chancellor, which owned, operated, managed and controlled four senior living communities in the State of West Virginia consisting of multiple assisted living…
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North Carolina Assisted Living Facility Cited For Dementia Residents Fight Club
On July 26, 2019, the North Carolina Division of Health Service Regulation cited a North Carolina assisted living facility (adult care home) stating: “Based on observations, interviews and record reviews, the facility failed to assure 3 of 6 sampled residents…
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$6M Florida Assisted Living Wrongful Death Verdict
The family of a 97-year-old resident of a Florida assisted living facility received a verdict against the defendant Florida assisted living facility in the amount of $6 million in May 2019, for the death of the resident in 2017 after…
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Florida Assisted Living Negligence Lawsuit Alleges Wrongful Death Of 97-Year-Old Resident
The son and daughter of a 97-year-old resident of a Florida assisted living facility has filed a wrongful death negligence lawsuit against the assisted living facility, alleging that the resident was left outside in the excessive heat for about six…
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Michigan Assisted Living Facility Sued For Elopement Death
The husband of a woman suffering from early onset dementia filed a lawsuit on January 12, 2017 against the Michigan assisted living facility where she had resided, for her death that resulted from her elopement from the facility and the…
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California Appellate Court Denies Assisted Living Facility’s Demand For Arbitration Of Wrongful Death Claim
In its decision filed on January 29, 2016, the Court of Appeal of the State of California First Appellate District Division One (“Appellate Court”) held that the wrongful death beneficiaries in an assisted living facility wrongful death and elder abuse lawsuit were not…
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