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Defense Verdict Affirmed in Nursing Home Wrongful Death Case

Caryn Bellus and Barbara Fox, of our Miami office, along with Angela Flowers, of our Ocala office prevailed in upholding a defense verdict in a nursing home wrongful death case in Jones v. Palm Garden of West Palm Beach, LLC, 2020 WL 5846434 (Fla. 4th DCA 2020). Our appellate team convinced the court to affirm a final judgment entered following a defense verdict finding that Defendant (the nursing home) was not responsible for the decedent’s death during his stay at the facility. Plaintiff’s claims sounded in negligence and statutory breach of the decedent’s rights as a nursing home resident, asserting that the nursing home failed to secure the facility and prevent the decedent from eloping despite allegedly knowing he was mentally impaired and at risk for escaping. On appeal, Plaintiff sought a new trial alleging various evidentiary errors, including her objection to the admission of evidence that the decedent died as a result of suicide. Our appellate team successfully argued that Plaintiff was competent and intentionally departed the property to commit suicide, evidence of which evidence was properly admitted at trial.

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