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Wrongful death case tossed
LTC Liability Monitor, October 13, 2005
A Napa, CA-based assisted living facility (ALF) won't have to pay damages in wrongful death suit filed against it last year because the owner has no money, according to the Napa Valley Register. A resident's son sued LaHoma Guest Home in August 2004, saying his mother's mistreatment at the ALF led to her death in 2003 from fall injuries.
When the state investigated LaHoma, it determined facility owner Kent Fry should have called for medical assistance following a fall, but it did not levy any fines or sanctions, the Register reported. Fry contended that his insurance company "left [him] out to dry," and would not defend the case. An attorney for the plaintiff told the Register the son will not pursue the case further, although federal bankruptcy laws allow him to challenge the Chapter 7 filing if he feels it was filed specifically to dodge the lawsuit bullet.
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