Case details

Elderly plaintiff claimed facility ignored repetitive falls

SUMMARY

$5453862.2

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
fracture, hip
FACTS
On June 6, 2012, plaintiff Marilyn Schlesinger, 75, an elder and infirm adult, fell at Grandview Palms, a licensed residential care facility for the elderly owned by Jerry Katz. Schlesinger had been a resident at Grandview since 2008, during which time she suffered 16 falls, resulting in repetitive . During her fall on June 6, 2012, Schlesinger fractured her right hip. Schlesinger sued Grandview Palms LLC, doing business as Grandview Palms; GVP Enterprises Inc.; Jerry Katz; and Linda Katz. Grandview Palms, GVP Enterprises, and Mr. and Ms. Katz subsequently filed a third-party claim against Carol Friedman, alleging equitable indemnity. The third-party complaint was voluntarily dismissed, and Schlesinger later dismissed Ms. Katz and GVP Enterprises with prejudice. Thus, the matter proceeded to a bench trial with Schlesinger’s claims against Grandview Palms LLC and Mr. Katz. Plaintiff’s counsel contended that Schlesinger’s falls were ignored and that there were no changes in interventions by Grandview Palms or Mr. Katz, such as increased monitoring or the provision of assistance when ambulating, allowing for repetitive falls. Counsel also contended that Grandview Palms did not provide medications that were prescribed for Schlesinger and that the defendants’ actions constituted elder abuse. During trial, the negligence cause of action was dismissed with prejudice. Defense counsel argued that there was no evidence of precisely what interventions would have prevented any of the falls. Counsel contended that elderly people fall, some multiple times, and that there was nothing that the facility or its administrator could possibly have done that they did not do because falls cannot be prevented. Defense counsel also contended that all of the falls, except the very first one, occurred in Schlesinger’s room with the door shut, preventing the facility from observing Schlesinger or anticipating her needs to ambulate. In addition, counsel contended that Schlesinger was given an emergency pendant that she could push to summon assistance any time she needed it and that although she used it hundreds of times, and was constantly urged to use it more often, she refused to use it on each of the occasions that she fell., After the final fall, Schlesinger was taken to a hospital. She had fractured the greater trochanter of her right hip. She subsequently required rehabilitation in a skilled nursing facility. Thereafter, Schlesinger was admitted to The Gardens of Santa Monica, another residential care facility for the elderly, where she resides today. Plaintiff’s counsel contended that Schlesinger is left with general weakness and unsteadiness when ambulating with a walker. Defense counsel noted that Schlesinger did not claim any future medical costs or emotional damages, but sued only for those damages incurred during her four years at Grandview Palms — which the court cut down to two years, based upon the statute of limitations.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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