Case details

Family home provider: Proper care given to dependent adult

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 6, 2013, plaintiff Gregory Miller, an intellectually disabled adult, was placed in the home of Jerry Okey, a certified family home agency provider. Miller was placed in the home through the San Diego Regional Center. Okey, who was a contracting provider with California Mentor Family Home Agency LLC, provided family home support services for Miller, including room, board, food, shelter and community/recreational activities. However, on Aug. 7, 2014, Miller was removed by his parents from the Okey home. Gregory Miller’s mother, Shirley Miller, acting as her son’s guardian ad litem, sued Okey and California Mentor Family Home Agency LLC (which was initially erroneously sued as “California Mentor Program”). Ms. Miller alleged that the defendants’ actions constituted dependent adult abuse, dependent adult neglect, assault and battery, fraud, negligent misrepresentation, and negligence. Plaintiff’s counsel contended that Okey physically abused Mr. Miller and neglected his care throughout his stay in the Okey home. Counsel also contended that Okey failed to provide Mr. Miller with his required medications, failed to adequately feed Mr. Miller, and failed to clothe Mr. Miller and assist in his personal hygiene. Counsel further contended that Okey failed to provide a safe and comfortable living environment and that Okey would lock Mr. Miller out of the home. In addition, plaintiff’s counsel contended that Okey failed to properly supervise Mr. Miller at the home and gated community where the home was situated and that Okey’s actions toward Mr. Miller constituted assault and battery. Plaintiff’s counsel maintained that California Mentor failed to properly screen and train Okey as a contracting family home provider. Counsel also maintained that California Mentor failed to properly inspect, monitor and supervise Okey’s care of Mr. Miller at the Okey home. Thus, plaintiff’s counsel argued that the failure of Okey to provide adequate care for Mr. Miller, and California Mentor’s failure to screen, train, monitor and supervise Okey’s care of Mr. Miller, constituted violations of the LantermanDevelopmental Disabilities Act and Title 17 of the California Code of Regulations, and were actionable under the various causes of action asserted at trial. Okey vigorously and categorically denied the plaintiff’s allegations of assault, battery, fraud, physical abuse, and neglect. He claimed that he was well trained and qualified to serve as a family home provider and that he, at all times, provided Mr. Miller with a welcome, safe and comfortable living environment. Okey also claimed that he meticulously assisted Mr. Miller in all aspects of living in the family home, including providing Mr. Miller with proper food; assisting Mr. Miller with the administration of prescribed medications, bathing and hygiene; and maintaining proper and clean clothing. In addition, Okey claimed that he took Mr. Miller on a number of different community and recreational activities and that he assisted Mr. Miller in his goal to become a functional and independent adult. California Mentor contended that it provided all appropriate family support services in compliance with the Lanterman Act and Title 17 of the California Code of Regulations. It also contended that it properly screened, trained, monitored and supervised the services that Okey provided to Mr. Miller at the Okey home., Ms. Miller claimed that Mr. Miller suffered physical harm, post-traumatic stress disorder, and other psychological and emotional as a result of the defendants’ alleged conduct. Thus, Ms. Miller sought recovery for her son’s non-economic damages, including damages for Mr. Miller’s past and future pain and suffering, psychological , and emotional distress. Defense counsel argued that Mr. Miller did not suffer any injury or harm when living at the Okey home. To the contrary, defense counsel contended that Mr. Miller improved in his school and vocational activities, and was at all times safe, happy and enjoyed his living with Okey in the home and gated community.
COURT
Superior Court of San Diego County, San Diego, CA

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