James Owen, 89, lived in the John Knox Village Care Center. He fell while using the bathroom, suffering a fractured cervical vertebra, and died within two weeks. He was survived by his older sister.
The Owens estate and Owen’s sister sued the nursing home, alleging it chose not to provide residents with 24-hour oversight, properly train its personnel and adequately assist Owen while he used the bathroom.
Owen’s sister and the estate argued that the nursing home’s conduct amounted to complete indifference or conscious disregard for Owen’s safety, warranting punitive damages.