CLEARWATER— A representative is suing Palm Garden of Pinellas LLC, Palm Healthcare Management LLC and Samantha Vosloo, alleging negligence and breach of fiduciary duty.

Joseph E. Brokaw, the attorney-in-fact for Myrna E. Brokaw, filed a complaint on Jan. 5, in the Pinellas Circuit Court against the defendants alleging that they failed to exercise standard care and skill required of nursing homes.

According to the complaint, the plaintiff alleges that on May 22, 2015 Brokaw suffered injuries and economic harm as a result of the negligence of the defendants in the care and treatment of plaintiff. 

The plaintiff holds the defendants responsible because they allegedly failed to effectively use resident’s income or assets for the necessities required for her support and maintenance, and failed to effectively use her income or assets for her benefit.

The plaintiff requests a trial by jury; and seeks judgment against defendants, disgorgement of profits, consequential damages, attorneys’ fees and costs, pre-judgment interest, the opportunity to amend complaint to add a demand for punitive damages, and such other relief the court deems appropriate. He is represented by Lydia D. Wardell of Wilkes & McHugh PA in St. Petersburg.

Pinellas Circuit Court case number 18-CA-121

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6th Judicial Circuit of Florida - Pinellas County

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