(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.)
Plaintiff’s Memorandum of Points and Authorities in Opposition to Defendant Universal Homes Motion for Summary Judgment
THE PARTIES
This is a wrongful death action arising out of the death of plaintiff’s beloved mother, Felicity Smith at XYZ Hospital on May 6, 2005. The decedent resided at the Universal Home in Roseville, California owned by defendant UNIVERSAL NURSING HOMES (hereinafter Universal Home ). Due to the negligence of Universal Home, Ms. Smith fell and was injured. Seeking treatment for injuries sustained in the fall, Ms. Smith was taken to XYZ Hospital, owned and operated by defendant XYZ TOWNSHIP HEALTHCARE DISTRICT (hereinafter XYZ Hospital ). Near the end of her hospital stay, Ms. Smith got out of her hospital bed to go to the bathroom. She had not been diapered, and urinated on the floor. She slipped and fell in her own urine striking her head. Ms. Smith died from this head and brain injury.
Plaintiff alleges that the negligence of Universal Home in causing the injury for which Ms. Smith was hospitalized in the first place was a cause of her death.
FACTUAL SUMMARY
Ms. Smith was an elderly yet very active resident of the Universal Home in Roseville, but she fell frequently. On April 28, 2005, Ms. Smith, traveling along without any assistance, cane or walker, was on her way to the business office. She got off the elevator and stepped into the hallway where she stumbled on dangerous flooring and fell, sustaining injuries to the left side of her body. Her left chest or thoracic area was badly bruised. (See Part 2 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.