Kathleen Menard, 97, was a resident in an assisted living facility. While she was in an outside courtyard at her assisted living facility on an extremely hot day, she fell off her motorized scooter and landed behind some trees.
She was found unconscious about four hours later and transferred to a hospital for treatment of heat-related illness, including a third-degree sunburn. Menard died within two months. She was survived by her adult son and daughter.
Menard’s children, on behalf of her estate, sued the assisted living facility and its owner alleging that it chose not to ensure her safety by, among other things, checking on her while she was outside, installing security cameras in the courtyard and trimming the trees in the courtyard to ensure staff members had a full view of residents who were outside of the facility.
The jury signed a verdict for $6 million for the wrongful death of Menard. At trial, the Menard family attorneys presented an expert in assisted living. The defendants presented experts in assisted living, geriatrics, burns, nursing, and pathology.
The attorneys who successfully handled this tragic case were Scott M. Fisher and Robert E. Gordon.
Menard v. Port St. Lucie Ret. Investors, LLC, No. 2018 CA 000152 (Fla. Cir. Ct. St. Lucie County).
Kreisman Law Offices has been handling nursing home abuse lawsuits, nursing home negligence cases, assisted living negligence lawsuits, wrongful death cases, assisted living fall and injury lawsuits and medical negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Elmhurst, Elk Grove Village, Countryside, Summit, Justice, Willow Springs, Palos Park, Palos Heights, Oak Forest, Dixmoor, Alsip, Dolton, South Holland, East Hazel Crest, Flossmoor, Matteson, Park Forest, University Park, Steger, Crete, Matteson, Ford Heights, Sauk Village, Lynwood, Thornton, Pilsen, Stickney, Hillside, Chicago (Edison Park, Jefferson Park, West Ridge, Palmer Square, Hermosa, Belmont Gardens, Belmont Central, Whiskey Point, West Humboldt Park, Noble Square, River North, Rush Division, Streeterville, New East Side, South Loop, Motor Row District, Prairie Shore, Aldine Square, Oakland, North Kenwood, Back of the Yards, Hyde Park, Woodlawn, Englewood, Avalon Park, Pill Hill, Princeton Park, Washington Heights, Arcade Row, West Pullman, Morgan Park, Beverly Woods, Lithuanian Plaza), Bedford Park, Maywood, Franklin Park, Rosemont, Morton Grove, Lincolnwood, Lincolnshire, Northfield, Northbrook, Lake Forest, Mundelein, Lake Bluff, Hawthorne Woods, Long Grove, Wheeling and Vernon Hills, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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