Subject Matter: TN Court of Appeals Decision
Happy New Year and I hope it’s off to a great start. Attached is the TN Court of Appeals decision in Wilson/Farrar v. Americare decided 1-6-12 and the 2010 and 2011 reports from this firm about the jury verdict and appeal. This appeal concerns only the jury verdict and judgment finding the management company (Americare) directly liable for failure to provide adequate staff at the assisted living facility.
The Court focused on causation and found no material evidence to support a conclusion that any staffing deficiency proximately caused the decedentâ€™s death. As the lawsuits against the management companies customarily include direct liability actions for budgetary decisions including staffing decisions, this well-reasoned case will be of great use to defend against the claim as Plaintiff must establish legal and proximate cause per the TN standards reiterated by the Court.
Back in 2010 (see the Barkes opinion attached), we reported that the COA determined that a hospital was 100% liability for the death of a resident for failing to comply with its own policies and procedures. This Farrar opinion on causation will help to alleviate the impact Plaintiff’s received from the Barkes opinion. The Barkes report we sent is dated 10-20-10 for reference.
Enjoy the remainder of the weekend. ~Rebecca
Firm/Company: Adleman Law Firm PLLC
Document Date: August 1, 2012
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