Morgan & Morgan, considered the nation's largest injury law firm, has filed a lawsuit against an Ocala assisted living facility where a resident choked to death on pizza.
Here's what we know:
What's the name of the defendant?
Summerville at Ocala West, LLC, doing business as Brookdale Canopy Oaks. According to Morgan & Morgan, parent company Brookdale Senior Living has 500 senior living communities in 41 states.Who was the victim? Resident Janet Kish, 83.
How did Kish die? According to Morgan & Morgan, Kish choked to death on pizza given to her by an employee in violation of Kish's soft diet. Kish died on Feb. 24.
What happened to the employee? The lawsuit states the person was fired.
Who's the plaintiff and how much are they seeking? Mary Lou Loomis,
as personal representative of the estate. The suit seeks damages in excess of $50,000.
What is the nature of the complaint? From the Morgan & Morgan news release: "The attached complaint brings a Chapter 429 death claim against the facility, alleging Brookdale failed to uphold its statutorily mandated responsibilities and its duty to ensure Mrs. Kish’s rights were not violated."
An attorney at the firm, Scott Mitchell Fischer, said in a statement: "Mrs. Kish was a beloved mother, wife, sister, grandmother and friend, and she is deeply missed by those she left behind. While she lived a long and full life, we believe she still had valuable life left that was taken from her and her family by the alleged negligence at Brookdale Canopy Oaks.
"This family deserves justice and accountability for what happened to their loved one, and wants to make sure this kind of fatal mistake never happens to anyone else.”
What does Brookdale Canopy Oaks say? A spokesperson for the defendant said in a statement: “We are aware of the recently filed lawsuit and deny the allegations. The safety and well-being of our residents is of top importance to us. As this matter is the subject of pending litigation, we are unable to comment further.”
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Lawsuit says assisted living facility resident choked to death on pizza
