Garcia & Artigliere Obtains $5.4 Million Verdict Against Grandview Palms for Elder Abuse and Negligence
Garcia, Artigliere, & Medby has obtained a $5.4 Million Verdict Against Grandview Palms on behalf of Marilyn Schlesinger, a 75 year-old elder and infirm adult, who was a resident at Grandview Palms, owned by Jerry Katz, a licensed residential care facility for the elderly. While a resident at Grandview, Schlesinger suffered 16 falls which also resulted in repetitive injuries. Subsequently, on her final fall on June 6, 2012, Schlesinger fractured her hip and sustained injuries to her right hip. She sued Grandview Palms LLC dba Grandview Palms and GVP Enterprises Inc., as well as Jerry Katz and Linda Katz.
A cross-complaint was filed by GVP Enterprises Inc., Jerry Katz and Linda Katz against Carol Friedman for equitable indemnity. The cross complaint was voluntarily dismissed.
Schlesinger’s contended that her falls were ignored and that there were no changes in interventions by the facility such as increased monitoring and the provision of assistance when ambulating allowing for repetitive falls from the same causes. Causes of action being Elder Abuse and Negligence.
The defense contended they met the standard of care in providing for Marilyn Schlesinger.
After the final fall, Schlesinger was taken to the hospital. She had fractured her right hip. She thereafter required rehabilitation in a skilled nursing facility. Residual Problems were general weakness and unsteadiness when ambulating with a walker.
The court found that Mr. Katz was 60 percent liable and that Grandview was 40 percent liable. The court awarded Schlesinger $5,453,862.20, inclusive of punitive damages and attorney fees.