The court ruled the lower court erred in failing to apply certain tolling provisions and discovery rules that would have allowed her to present evidence central to her case.
In Williams v. CMO Mgmt., the patient in question was an Alzheimer’s sufferer who resided at defendant facility for a decade, from June 2001 to June 2011. Following his death in early July 2011, plaintiff, as representative of decedent’s estate, filed a lawsuit alleging personal injury and wrongful death as a result of neglect and abuse patient suffered while a patient at facility. Plaintiff also sought damages in connection with systemic issues at the nursing home related to understaffing, poor allocation of resources and budgeting and problems with certain policies and procedures. She wanted to recover for injuries her father had sustained from 2009 until his death.
At all times relevant, decedent was mentally incompetent. Continue reading →