NEGLIGENT SUPERVISION

PALM BEACH CIRCUIT COURT

A nursing home resident who broke a leg in a fall was awarded more than $197,000 after an arbitration hearing stemming from a lawsuit.

The underlying incident occurred in May 2018. Dethel Bell, then 85, said she was being assisted by an employee of the nursing home, Palm Garden of West Palm Beach LLC. Bell fell to the floor and fractured her left femur. Her attorney said the aide dropped Bell getting her out of bed or Bell fell out of the bed without side rails.

The defense suggested Bell may have simply fallen on her own, and it was unforeseeable and unpreventable. Arbitrator Jay Colling awarded damages of $197,152.

Case: Bell v. Palm Garden of West Palm Beach

Case No.: 50-2019-CA-003456-XXXX-MB

Plaintiffs attorney: Scott M. Fischer, Gordon & Partners, Palm Beach Gardens

Defense attorney: Kirsten K. Ullman, Ullman Bursa Law, Tampa