Case details
Earlier ambulance would not have changed outcome: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
death, loss of society
FACTS
On Oct. 16, 2012, plaintiff’s decedent Leroy DaVilla, 86, was discharged from Manor Care-Tice Valley, a skilled nursing facility, to an unlicensed room and board facility on Glazier Court in Concord, owned by Rajinder Singh. On Jan. 2, 2013, DaVilla became acutely ill and was rushed by ambulance to John Muir Medical Center, in Walnut Creek. He ultimately passed away nine days later, on Jan. 10, 2013. The decedent’s adult son, Robert DaVilla, sued the operator of Manor Care-Tice Valley, Manor Care-Tice Valley, CA, LLC; Advocates for Seniors; A Voice for Seniors; Shawana Heintz; Margo Falls; Rajinder Singh; Tejindar Singh; and Singh Family Properties, LP. The decedent’s son alleged common law negligent, resulting in his father’s wrongful death. Several of the defendants settled out of the case prior to the commencement of trial. Thus, the matter continued against except Rajinder Singh, Tejindar Singh and Singh Family Properties only. Plaintiff’s counsel contended that despite the contract the decedent signed acknowledging that he was independent and needed no personal care, the decedent did, in fact, need personal care and supervision. Thus, counsel contended that, at the time of his discharge, the decedent needed care and supervision and that Rajinder Singh and/or her employee, Puring Lominario, promised to provide it, but negligently failed to do so. The plaintiff’s internal medicine expert testified that on the day before the ambulance was called, the decedent showed signs of acute distress, including shortness of breath, being cold or warm to the touch, and decreased interactiveness. Thus, the expert opined that if 911 had been called at that time, the decedent would be alive today. The defense’s internal medicine expert testified that the decedent was “end stage” at the time of his acute episode on Jan. 2, 2013. Thus, the expert opined that even if an ambulance had been called the night or day before, it would not have had any effect on the ultimate outcome., Leroy DaVilla passed away on Jan. 10, 2013. He was 86 years old. He was survived by his 62-year-old adult son. The decedent’s son sought recovery for his father’s wrongful death and recovery of $51,000 in medical expenses related to his father’s last illness.
COURT
Superior Court of Contra Costa County, Contra Costa, CA
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