In the case of Estate of Fleenor v. Ottawa Cty., 2021-Ohio-2251, the Sixth District Court of Appeals ruled that a county-owned nursing home is not entitled to immunity in a wrongful death claim on behalf of a patient who died after a fall at the home when the liability of the nursing staff is in question.
Here, the nursing home argued that though an exception to immunity exists in this case, the allegation was based on the discretion of the staff when using equipment and as such, neither the staff nor the nursing home could be held liable.
The deceased’s estate representative argued that the alleged injury was the result of negligence by the nursing staff and that the jury should determine if the staff acted in a reckless manner. The Court of Appeals agreed.
The Court held that the wrongful death suit against the county-owned nursing home could proceed because the proffered defense was invalid and the facts surrounding the injury and death should be submitted to a trier of fact to review.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.