In the Courts: Nursing Home, Chain Not Liable for Resident Fall during Smoking Break

March 23, 2018 | Aging Services Risk Management


In the case of a nursing home resident who died after falling during a smoking break while supervised by a housekeeper, the Supreme Court of Appeals of West Virginia has affirmed denial of the plaintiff's motion for a new trial. In its ruling, the high court discussed what proof a plaintiff must show in order to hold a corporate parent chain liable for the acts of a subsidiary facility.

The resident went outside for a smoking break under the supervision of a housekeeper. The resident fell and hit her head on the concrete patio, dying from her injuries. The resident's son sued, alleging multiple claims against the facility and a claim for corporate negligence against the chain that operated it. The plaintiff alleged that the chain breached its duties by failing to adequately operate, manage, fund, and...

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