Westchester Gardens Limited Partnership accused of negligence

By Philip Gonzales | Aug 22, 2017

The surviving children of a nursing home resident are suing Westchester Gardens Limited Partnership and John David Fitts, nursing home facility operators, citing alleged negligence and violations of nursing home rights.

CLEARWATER — The surviving children of a nursing home resident are suing Westchester Gardens Limited Partnership and John David Fitts, nursing home facility operators, citing alleged negligence and violations of nursing home rights.

Karen Hubchik and Diane Hubchik, co-executors de son tort for Olga Hubchik, filed a complaint on June 29 in the Sixth Judicial Circuit of Florida - Pinellas County, alleging that the defendants failed to comply with the requirements of Section 400.002 of the Florida Statutes.

According to the complaint, the plaintiffs allege that as a result of defendants' alleged negligence, Olga Hubchik died and her surviving children have suffered the loss of parental companionship and have experienced mental pain and medical and funeral expenses. The plaintiffs hold Westchester Gardens Limited Partnership and John David Fitts responsible for allegedly failing to appropriately monitor Olga Hubchik's health and physical and emotional well-being and for allegedly failing to protect her from injury.

The plaintiffs request a trial by jury and seek damages in excess of $15,000 plus interest, costs and expenses and such other just and appropriate relief. They are represented by Damien M. Hoffman of Cope, Zebro & Crawford PL in Clearwater.

Sixth Judicial Circuit of Florida - Pinellas County case number 17-004080-CI

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Organizations in this Story

6th Judicial Circuit of Florida - Pinellas County Cope, Zebro & Crawford PL Westchester Gardens Limited Partnership

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