Case details
Officers and assisted living home contributed to death: family
SUMMARY
$0
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
chest pain, trouble breathing.
FACTS
On April 27, 2014, plaintiffs’ decedent Robert Stroup, 62, a mentally ill, dependent adult who was in and out of mental care facilities his entire life, was arrested by the San Jose Police Department. He was released from police custody the next day and he returned to his residence at New Horizon’s Residential Care Home, in San Jose. Stoup allegedly complained of chest pains and having trouble breathing, and on May 5, 2014, Stroup died. The decedent’s mother, Merva Stroup, and adult sister, Pamela Cognata, sued the employers of the arresting police officers, the county of Santa Clara and the city of San Jose; New Horizon’s Residential Care Home (which was initially sued as New Horizon Assisted Living Home); and the owners of the New Horizon’s facility, Yolanda Gaoiran and Romulo Gaoiran. The decedent’s family alleged that the police officers with the city of San Jose and the county of Santa Clara used excessive force when arresting Stroup. They also alleged that New Horizon’s and the Gaoirans failed in their duty of care by not taking Stroup to a healthcare provider. Plaintiffs’ counsel contended that the decedent was beaten substantially by the arresting officers and that when he was released on April 28, 2014, the decedent returned to New Horizon’s, where he complained of chest pains and having trouble breathing. However, counsel contended that the decedent was not taken to a hospital, resulting in his death on May 5, 2014. Plaintiffs’ counsel asserted that even though New Horizon’s and the Gaoirans knew that the decedent had come back to the home beaten up and with bruising, they ignored his complaints. Thus, counsel asserted that the decedent would not have died, and his life would have been prolonged, if he was not beaten and if he was provided with appropriate medical care. Defense counsel disputed all of the decedent’s family’s allegations and noted that an autopsy found that the decedent had died of natural causes., Robert Stroup died on May 5, 2014. His family claimed that the decedent had sustained severe bruising/contusions and complained of chest pains and having trouble breathing. However, he did not receive medical attention for his complaints. They claimed that as a result, the decedent died shortly after being released from police custody and returning to the assisted living home. The decedent was 62 years old at the time of his death. He was survived by his sister, Pamela Cognata, and his mother, Merva Stroup. Thus, Cognata and Ms. Stroup sought recovery of wrongful death damages. Defense counsel asserted that the decedent had died of natural causes, so the decedent’s family was not entitled to recovery of wrongful death damages.
COURT
Superior Court of Santa Clara County, Santa Clara, CA
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