This is not a long-term care case. Sanctions were awarded against the Plaintiff’s attorney for improperly asserting a direct liability claim against the President of a corporation. Barnhill, acting as counsel for a builder, filed suit against a roofing products manufacturer, alleging defective roofing shingles were installed in a home. The builder sought to compel […]
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This is not a long-term care case. In Forsythe v. Clark USA, Inc., 864 N.E.2d 227 (Ill. Sup Ct. February 16, 2007), the Illinois Supreme Court affirmed the court of appeals, finding that a parent corporation may be directly liable where it exerts eccentric budgetary control over its subsidiary. In Forsythe, the court said the parent […]
Margretta K. Brice died leaving two children, Janice B. Stout and Stephen Curtice Brice. After Margretta died in 2005, Stephen filed a petition to probate her Will in solemn form. Stephen and Janice were the only beneficiaries. With the petition, Stephen filed an acknowledgment of service and assent to probate instanter executed by Janice. The […]
Burnice L. Barnum sued Coastal Health Services as administrator of the estate of her uncle Jimmy L. Barnum. Barnum was a resident at Coastal from June 2, 1997 until his death on September 22, 2001. Barnum suffered from numerous medical conditions, including diabetes mellitus, peripheral vascular disease, dementia, incontinence, and stroke-related problems such as difficulty […]
Plaintiff appealed dismissal of their claims against a nursing home and four employees based on failure to comply with O.C.G.A. § 9-11-9.1, which requires the filing of an expert’s affidavit with complaints alleging malpractice. Defendant’s motion was not ruled on immediately and limited discovery was conducted. Seven months later, the motion was renewed. Two of […]
n 2003, Frankie Walker created an irrevocable trust. After her death, her husband, Van Anda, sought to set aside the trust and transfers into the trust, arguing they were the product of undue influence. The trust, as drafted had the effect of leaving virtually all of Frankie’s estate to her sister, Mollie Lewis. Frankie, then […]
Porter Morrison Ryan was survived by her daughter, Mary Frances Tuttle and other relatives. After Porter died in 2003, Tuttle asked the court to probate a Will executed in 1956. The other relatives objected, contending that the 1956 Will was revoked when Porter executed a new Will in 1999. Tuttle responded arguing that Porter was […]
Darlene Payson was a resident at Avanta Villa at Jacksonville, a nursing home. After her death, her estate filed an action under Florida’s resident rights statute. The estate alleged a failure to take adequate precautions or provide adequate supervision and, as a result, Payson suffered numerous falls, one of which resulted in a right pneumothorax, […]
McGillen filed suit against Extendicare, its subsidiaries, three other defendant corporations, and five individual defendants, alleging that they all operated the defendant nursing home. Extendicare, a Canadian corporation filed a motion to quash service of process and to dismiss. The trial court denied its motion and Extendicate appealed. On appeal the court noted that Extendicare […]
Nursing home moved to compel arbitration, which was denied because it designated the American Health Lawyer’s Association as the arbitrator (which no longer accepts arbitration of health care disputes where binding arbitration agreements are signed pre-injury). The court found it could not re-write the agreement for the nursing home. “Given the nature of the relationship […]
