Florida CCRC Accused of Negligence in Death of 98-Year-Old Resident During Hurricane Ian
A Florida continuing care retirement community is facing a negligence lawsuit following the death of a 98-year-old resident who was found deceased in her apartment five days after Hurricane Ian battered the region. According to the lawsuit, the Christian and Missionary Alliance Foundation, doing business as Shell Point Retirement Community, in Fort Myers, FL, is accused of failing to evacuate one of its residents during the Category 4 hurricane, which was called the “deadliest storm” in Florida history.
The lawsuit alleges that the decedent’s “lifeless body” was found on October 3, 2022, near the front door of her apartment, which had no power, phone service, food or water.
The lawsuit contained emails that the victim’s family claimed were proof that the decedent’s guardian made arrangements for staff members to evaluate her in the days leading up to the storm. The guardian confirmed that the decedent’s name was on a list of those who were to be moved to a shelter the day before the storm made landfall, according to WINK news. The lawsuit also stated that the guardian was advised that the building would be “thoroughly checked” to ensure no one was left behind.
An autopsy confirmed that the decedent died from a “fatal cardiac event” shortly before or shortly after the hurricane struck the area.
Elements of negligence
The plaintiffs contend that the retirement community is responsible for their resident’s death because they left her behind during a category 4 storm that was considered the deadliest in Florida’s history. The plaintiffs will need to establish that the failure to move the resident was the direct or proximate cause of the resident’s death. In this case, they can prove that the resident died of a heart attack while she was holed up in her apartment. Residents, including the decedent, were supposed to be moved to a secure location. It’s difficult to say whether or not the decedent would have survived moving to a secure location during the storm. We’ll never know because the decedent was left behind.
The retirement community will argue that the woman was 98 years old and had a bad heart. Even if she was left behind, the plaintiff cannot prove that the defendant’s negligence led directly to her death. We do know that the decedent did not have power or phone service during the storm. So, there’s a chance she could have reached out for help. If she had the heart attack while she was in a secure location, she may have ultimately received treatment that could have saved her life. Instead, she was subjected to a terrifying storm during which she lost her life.
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Florin Gray represents the interests of Tampa residents who have lost loved ones or seen their loved ones injured due to negligent conditions in nursing homes. Call our Tampa personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
