Facts

At the time of the incident, the plaintiff was 68 years old and had been a tenant of the defendant's apartment complex since 1995. The plaintiff suffers from brain cancer and was confined to his bed, 24 hours a day, and was dependent on a hospital bed, which included an air mattress.

In May 2006, a hot water heater malfunctioned in an upstairs apartment over the plaintiff's ground level apartment causing water damage and mold in the plaintiff's apartment. A work order for the mold and water damage was submitted on May 22, 2006 and the defendant notified the plaintiff that he would have to vacate his apartment so that repairs could be done. The defendant authorized the plaintiff use of a vacant apartment on the premises of the senior apartment complex during the repairs. The manager of the senior apartment complex estimated that the repairs would take approximately one to two days.

On May 24, 2006, the plaintiff was moved from his apartment to the vacant apartment. The vacant apartment was empty and did not contain any furniture, television, or telephone. The plaintiff was left in the vacant apartment for nine days with any food or drinking water, or his medications. During the nine days that the plaintiff was in the vacant apartment, no one from the senior apartment complex checked on the plaintiff nor informed him that the repairs would take longer than the original estimate of one to two days.

On June 2, 2006, his home health nurse in the vacant apartment found the plaintiff during her scheduled weekly visit. The plaintiff was in critical condition and was immediately transported to East Valley Hospital. Upon admission, the plaintiff was diagnosed with acute renal failure, dehydration, gastrointestinal bleeding, Stage IV pressure sore on his lower back, Stage II pressure sore on his left heel, and sepsis. They necessitated the move and failed to follow-up on their tenant.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant had both a contractual and statutory duty to the plaintiff to keep him safe at all times, to inspect and follow up with the plaintiff with respect to all aspect of the move from his apartment to the vacant apartment and the repair process.

The plaintiff further contended that the defendant failed to do so, therefore, allowing the plaintiff to remain abandoned in the vacant apartment for nine days.

DEFENDANT'S CONTENTIONS:
The defendant contended that the apartment managers were not responsible for the plaintiff's health care during the time he was in the vacant apartment and denied all liability to the harm caused to the plaintiff.

Result

The case was settled for $900,000. The parties settled the case on their own after mediation with Jay Horton of Judicate West.