Kathleen Fry, Russell Fry, Julie Martin, Doris Fusano, Samuel Fry Jr., individually and as the surviving heirs and successors in interest of Decedent, Edna Fry v. Pacifica of the Valley Corp. dba Pacifica Senior Living; Dignity Health dba Northridge Hospital Medical Center; Chatsworth Park Care Center; Canyon Oaks Nursing and Rehabilitation Center;
Published: Feb. 18, 2017 | Result Date: Jan. 25, 2017 | Filing Date: Jan. 1, 1900 |Case number: BC596189 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Kevin L. Eng
(Lewis Brisbois Bisgaard and Smith LLP)
George E. Nowotny III
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
Plaintiffs Kathleen Fry, Russell Fry, Julie Martin, Doris Fusano, and Samuel Fry Jr., filed suit against various defendants in relation to the death of their mother, Edna Fry, while she was residing in a senior living facility.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that their mother suffered from Alzheimer's disease and other conditions. Plaintiffs contended that defendants over medicated her instead of adequately supervising her. They also allowed her to develop bedsores. The inadequate care provided by defendants was a substantial factor in causing Fry's death.
Plaintiffs asserted causes of action against the facility and other caregivers for wrongful death, elder abuse/neglect, negligence, negligent management, negligent supervision, intentional infliction of emotional distress, fraud, negligent misrepresentation, concealment, breach of contract, unfair business practices, and loss of consortium.
DEFENDANT'S CONTENTIONS:
GHC of Canoga Park LLC dba Canyon Oaks Nursing and Rehabilitation Center contended in its demurrer that the complaint was incredibly uncertain and failed to state in any particularity how and in what manner GHC was liable.
Result
The court sustained GHC's demurrer with leave to amend. It also deemed Dignity Health dba Northridge Hospital Medical Center's demurrer moot.
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