Ebanks Taylor & Horne Get Defense Verdict in Independent Living Case TX

Cause
No.: 
2005-70970; Mary Collins, d/b/a Collins Home Healthcare v.
Sunrise
Senior Living Management, Inc. and Nick Roccaforte; In
the
125th Judicial District Court of Harris County, Texas 

Mary
Collins
d/b/a Collins Home Healthcare, provided personal care sitting for
residents in
the independent living portion of Eden Terrace facility in Kingwood,
Texas.  Ms. Collins was not an employee of Eden Terrace nor did she
contract with the facility to conduct her business; instead, she would
contract
with the families of residents and was commonly referred to as a “day
sitter.”  She had been providing that type of service since
approximately 2005 for Eden Terrace residents.

On
or about
April 30, 2008, Nick Roccaforte, the Executive Director of Eden Terrace,
informed Mary Collins her privileges to provide care to facility
residents was
terminated.    According to Mr. Roccaforte, over the
course of time, Ms. Collins became arrogant, dismissive and rude to both
facility employees and residents.  Beginning in 2007, documentation
notes
episodes of Ms. Collins’ violations of Sunrise policies and procedures
regarding private duty caregivers and issues between Ms. Collins,
facility
staff, and residents.  It is alleged that she withheld medications from
residents (one of which allegedly resulted in seizures) and financially
exploited
residents despite contracts that were in place.  It was also alleged
that
she verbally abused residents in her care and threatened to withhold
medications
if they failed to pay her the extra money. As a result of this
termination of
privileges, Ms. Collins filed suit alleging interference with existing
business
relations, interference with prospective business relations, defamation
and
malice.  She sued Sunrise Senior Living Management, Inc. and Nick
Roccaforte claiming monetary damages from loss of past/future profits,
past/future earning capacity and mental anguish.

Trial length:  7 days

Verdict:  Defense 10-2

Counsel for Plaintiff: 
Robert
Collier/Rabeaa Sultan

Counsel for
Defendants: 
Chastiti Horne/James Ebanks

 

Author: Web Master
Related Link:
Westlaw Number:
File Attachments:

loggedout