In the Courts: Court Parses Liability of Partial Owner/Board Member

October 25, 2013 | Aging Services Risk Management


The. U.S. District Court for the Western District of Oklahoma has dismissed a claim of intentional infliction of emotional distress against a defendant who was a member of a nursing home’s governing body and president and owner of its management company but permitted claims of negligence, violation of the state Nursing Home Care Act, and negligence per se to proceed against him.

The plaintiffs alleged that during her residency at the nursing home, the resident was physically and verbally abused by two staff members. According to the complaint, they shoved a rubber glove in her mouth, slapped her...

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