Senior living center loses appeal over woman's death

OXFORD (AP) — The Michigan Supreme Court on Friday reinstated a lawsuit against a senior living center where an 89-year-old woman was locked out in cold weather and died a few weeks later.

In a 4-2 order, the court said Independence Village in Oxford had a duty to provide reasonable care. The case will return to Oakland County court.

Virginia Kermath was wearing only a nightgown when she apparently walked out a side door without her keys in December 2013. She was outdoors for 14 minutes. Hypothermia and frostbite contributed to her eventual death.

Lower courts said the harm to Kermath wasn't foreseeable by Independence Village. But the Supreme Court disagreed.

"The potential burden associated with taking reasonable measures to prevent residents from being locked out and unable to alert staff, such as installing a buzzer or cameras, appears minimal when compared to the potential harm that could befall residents,” the court said.

In a court filing, Independence Village said Kermath chose independent senior living and that she and her family never indicated that she needed supervision at night.

"No reasonable juror could find that her death was foreseeable,” lawyers for Independence Village said.

––––––––––––––––––––

Subscribe to the Legal News!

http://legalnews.com/subscriptions

Full access to public notices, articles, columns, archives, statistics, calendar and more

Day Pass Only $4.95!
One-County $80/year

Three-County & Full Pass also available

 

––––––––––––––––––––
Subscribe to the Legal News!
http://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available