Professional Negligence Law Reporter
Assisted Living
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Understaffing
March/April 2024Carolyn Nutter, a 92-year-old resident of Bayview Senior Assisted Living, suffered from advanced dementia. She allegedly fell twice over a 12-day period, first suffering a fractured hip and then a fractured shoulder. Each injury necessitated surgery, and Nutter has not returned to her pre-injury level of health.
She sued the facility, alleging elder abuse and negligence. The plaintiff asserted that the defendant failed to prevent her falls and that this resulted, at least in part, from the facility’s understaffing.
The parties settled for $250,000.
Citation: Nutter v. Bayview Senior Assisted Living, No. 37-2022-00010743-CU-PO-CTL (Cal. Super. Ct. San Diego Cnty. 2023).
Plaintiff counsel: Randall R. Walton, San Marcos, Calif.