Evers v. Lutheran Althenheim Society

Estate of William Evers, Sr. by personal representative William Evers, Jr. v. Lutheran Altenheim Society

Circuit Court of Missouri, St. Louis City, Docket #: 942-00387

Judge: Anna Forder

John Schultz, attorney for Lutheran Altenheim Society.

Type of Claim: Premises liability. Plaintiff’s decedent, male, about 90 years old, was a nursing home patient who fell out of bed. Plaintiff claimed although decedent had been physically restricted with conditions such as poor eyesight, advanced osteoarthritis and no ambulation, he was able to transfer himself in and out of bed with the use of a transfer board. Plaintiff alleged that in February 1993 decedent fell out of bed when both side rails were left down. Again, in July 1993, decedent fell out of bed and incurred injury described below when one side rail was left down. Plaintiff claimed defendant failed to adequately supervise and assist decedent; it was known that decedent was a restless sleeper and the bed rails needed to be up to prevent such a fall. Decedent died about 16 months after the second fall due to unrelated causes. Defendant denied negligence and contended that a staff member had placed decedent on the portable toilet next to his bed and instructed decedent to activate his call light when he was done. Defendant claimed decedent hot himself back into bed, fell asleep and failed to call for assistance.

Damages Alleged: Fractured hip.

Plaintiff’s Experts: Nancy Kaufmann, Nursing Care, from Hunter Healthcare Systems, Inc. (St. Louis, MO).

Defendant’s Experts: Margaret Rantz, R.N., University of Missouri, Columbia.