The Arizona Supreme Court has reversed a summary judgment dismissing a nursing home abuse case.
Marika Delgado was the personal representative of the estate of her sister, Sandra Shaw. Delgado appealed the trial court’s entry of summary judgment in favor of the defendants who were collectively Manor Care of Tucson. On appeal, Delgado argued that the court erred in finding that the actions that allegedly caused Shaw’s death were not related to her incapacity as required by Arizona law.
Because the Arizona Supreme Court could not say as a matter of law that the alleged negligence that was a cause of Shaw’s death was unrelated to her incapacity, the state Supreme Court reversed the judgment of the trial judge and sent the case back for further proceedings.