A lawsuit has been filed alleging serious neglect and fiduciary breaches at a senior living facility in Clearwater, Florida. The Estate of Domenica Giuliano, represented by Antonio Giuliano as Executor de son Tort, lodged the complaint against Extended Care Portfolio Florida Tenant, LLC; Pacifica Senior Living LLC; Pacifica Belleair LLC; A1A Management Advisors, LLC; and Regina B. Newby on June 7, 2024, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County.
The complaint details a harrowing account of Domenica Giuliano's stay at Pacifica Senior Living of Belleair from February 10 to March 31, 2022. According to the plaintiff, the defendants failed to provide adequate care and supervision during this period. "Defendants breached their duty to ensure there was sufficient staff to meet the needs of Domenica Giuliano," states the filing. The plaintiff alleges that these failures led to significant physical and emotional suffering for Ms. Giuliano.
Antonio Giuliano contends that each defendant had substantial control over the operations at Pacifica Senior Living of Belleair and thus shares responsibility for his mother's suffering. The complaint highlights multiple instances where defendants allegedly failed to act reasonably in providing care, such as not monitoring changes in Ms. Giuliano’s condition or notifying her treating physician about significant health changes. These actions are said to have violated Florida Statute §429.28 regarding residents' rights.
Moreover, the lawsuit accuses Extended Care Portfolio Florida Tenant, LLC of breaching its fiduciary duty by mismanaging funds intended for Ms. Giuliano's care. "EXTENDED CARE PORTFOLIO FLORIDA TENANT, LLC diverted money away from Domenica Giuliano’s care," reads one section of the complaint. This alleged financial mismanagement resulted in economic harm and inadequate healthcare services for Ms. Giuliano.
The plaintiffs seek various forms of relief from the court, including compensatory damages exceeding $50,000 for bodily injury, pain and suffering, mental anguish, medical expenses, and more. They also demand disgorgement of profits obtained through what they describe as improper financial practices by Extended Care Portfolio Florida Tenant, LLC.
Representing The Estate of Domenica Giuliano is attorney Kyle D. Ross from Mendes Reins & Wilander PLLC based in St. Petersburg, FL. The case is presided over by Judge Ken Burke under Case Number 24-002549-CI.