Professional Negligence Law Reporter
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Failure to Supervise Resident
November/December 2019Menard v. Port St. Lucie Ret. Investors, LLC, No. 2018 CA 000152 (Fla. Cir. Ct. St. Lucie Cnty. May 10, 2019).
While in the outside courtyard of her assisted living facility on an extremely hot day, Kathleen Menard, 97, fell off her motorized scooter and landed behind some trees. She was found unconscious approximately four hours later and transferred to a hospital for treatment of heat-related illness, including third-degree sunburn. Menard died within two months and is survived by her adult son and daughter.
Menard’s children, on behalf of her estate, sued the assisted living facility and its owner, alleging failure to ensure Menard’s safety by, among other things, checking on her while she was outside, installing security cameras in the courtyard, and trimming the trees in the courtyard to ensure staff members had a full view of residents who were outside.
The jury awarded $6 million.
Plaintiff counsel: AAJ members Scott M. Fischer and Robert E. Gordon, both of Palm Beach Gardens, Fla.
Plaintiff expert: Lynn Thaxton, assisted living, Plantation, Fla.
Defense experts: Tom Campbell, assisted living, Winter Park, Fla.; David Goldberg, geriatrics, St. Augustine, Fla.; Arnold Luterman, burns, Mobile, Ala.; Connie Cheren, nursing, Alpharetta, Ga.; and Stephen Cina, pathology, Loveland, Colo.
