Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

Posted On: July 17, 2008

Chicago Nursing Home Sued for Wrongful Death in Patient's Brutal Beating Murder

The estate of a 77-year-old Chicago nursing home patient who died after being beaten to death by his roommate has filed a wrongful death lawsuit against the facility. Ivory Jackson's estate is seeking $50,000 in damages from the All Faith Pavilion nursing home because Jackson, who had Alzheimer’s, was housed with a roommate who was mentally ill. The Cook County coroner said his death was caused by an infection and injuries after he was struck in the head during an assault.

Jackson’s roommate, Solomon Owasanoye, has been charged with first-degree murder. He reportedly suffers from dementia.

Premises Liability
Property owners and managers are supposed to make sure that their premises are secure so that visitors, residents, and patrons will not become the victims of any kind of crime. When inadequate security and precautions result in someone’s injury or death, the party in charge of the premise can be held liable under Illinois’s premises liability law if he or she could have done more to prevent the crime from happening.

Some crimes that can occur on a premise due to inadequate security measures:

• Sexual assault
• Assault & battery
• Rape
• Robbery
• Break-ins

Owners and managers of nursing homes, schools, college dorms, clubs, hotels, restaurants, and other premises where people live or frequently visit can be held responsible for crimes committed by third parties on their property.

Suit filed by estate of man fatally beaten in nursing home, ChicagoTribune.com, July 14, 2008

Lawsuit filed in nursing home beating death, WHITV.com/AP, July 15, 2008


Related Web Resource:

Man Charged With Murder For Nursing Home Beating, MyFoxChicago.com, June 28, 2008

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Posted On: July 9, 2008

Illinois Nursing Home Will Be Sued for Negligence, Says Family of Berkeley Woman Whose Body Was Found in Chicago Hotel Room Closet

The family of an Illinois woman whose naked body was found stuffed in a closet at the Chicago Lodge Motel says they plan to sue the Somerset Nursing Home for negligence. Maratta Walker, 46, was a patient at the home. Her family says she lived there because she had a brain tumor that caused her to have seizures. Because of her condition, Walker was not allowed to leave the nursing home without supervision.

Walker’s sister, Caroline, says that she was unable to locate her sister after May 7 and she thinks that is around the time the murder occurred. When Walker's body was discovered on May 20th, the medical examiner reported that she had been murdered at least two weeks ago.

Chicago police had to fingerprint Walker's body to identify her. Her face was missing an eye, teeth had been knocked out, and she was reportedly beaten to death. Investigators are still searching for a suspect. Walker’s family, however, says that she would have never have been murdered if she hadn't been allowed out of the nursing home without supervision.

Nursing Home Abuse and Negligence
Nursing homes are supposed to provide residents with proper medical care and attention. When failure to provide this care leads to injury or death, the nursing home resident or his or her family is entitled to file a claim or lawsuit against the home and/or staff members for personal injury or wrongful death.

Common signs that a resident may be a victim of nursing home neglect:

• Unsanitary conditions
• Failure to provide proper and timely medical care
• Failure to prevent malnutrition
• Dehydration
• Bedsores
• Failure to regularly clean or feed the patient
• Failure to supervise the patient

Under the Illinois Nursing Home Care Act, all nursing home residents are entitled to certain legal rights when staying at a care facility. Failure to have those rights honored can be grounds for a nursing home abuse/neglect claim or lawsuit.

Family Of Woman Found Naked In Closet To File Lawsuit, NBC5.com, June 9, 2008


Related Web Resources:

Nursing Home Abuse and Neglect Resource Center

Illinois Nursing Home Care Act

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