A recent court filing alleges severe negligence and fiduciary breaches by a prominent retirement community, potentially putting vulnerable residents at risk. The Estate of Susan Patricia Golden, represented by Lawrence Griffin Plunkett, filed the complaint on June 25, 2024, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against Suncoast Manor Retirement Community Inc., Westminster Services Inc., Catherine Chabrier, and Jason Patrick Brunner.
The case revolves around Susan Patricia Golden's stay at Westminster Suncoast from August 17 to August 24, 2022. According to the complaint, during her brief residency, Golden was subjected to substandard care that violated her rights as a resident under Florida Statute 400.022. The plaintiff accuses the defendants of failing to properly supervise staff and ensure adequate staffing levels. This alleged negligence resulted in significant harm to Golden, including bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, and increased medical expenses.
Lawrence Griffin Plunkett asserts that Suncoast Manor Retirement Community Inc., which operated Westminster Suncoast under a fictitious name owned by them and managed by Westminster Services Inc., breached their duty of care. He claims that both entities failed to exercise reasonable care as required by Florida Statutes §400.023(5). Furthermore, administrators Catherine Chabrier and Jason Patrick Brunner are accused of not fulfilling their responsibilities to comply with all relevant laws and professional standards.
The lawsuit also highlights systemic issues within the management structure. It alleges that Westminster Services Inc., as the management company for Suncoast Manor Retirement Community Inc., engaged in practices prioritizing revenue over resident care. These practices included accepting more residents than they could adequately care for and failing to adjust staffing levels accordingly.
In addition to negligence claims, the complaint includes counts for breach of fiduciary duty against Suncoast Manor Retirement Community Inc. Plunkett argues that Golden was incapable of providing for her own necessary care and relied entirely on the facility's staff. He contends that Suncoast Manor systematically accepted payments intended for resident care but diverted these funds through inflated inter-company fees benefiting its affiliates rather than improving resident services.
Westminster Services Inc. is further accused of aiding and abetting this breach of fiduciary duty by exerting control over facility revenues and engaging in financial practices detrimental to residents' well-being. The plaintiff seeks disgorgement of profits obtained through these alleged breaches.
Moreover, the complaint includes allegations against Chabrier and Brunner for violating Florida Statutes §415.1111 concerning exploitation of a vulnerable adult. It claims they knowingly deprived Golden of necessary support by misusing her funds intended for her care.
The plaintiffs seek various forms of relief from the court: compensatory damages exceeding $50,000 for non-lethal negligence; disgorgement of profits related to fiduciary breaches; consequential damages; attorneys' fees; costs; pre-judgment interest; and any other appropriate relief deemed fit by the court.
Representing the plaintiff is Rainey C. Booth Jr., Esq., from Mendes Reins & Wilander PLLC law firm based in St Petersburg FL while Ken Burke serves as Clerk Of Circuit Court Pinellas County overseeing this case under Case Number:24-002851-CI presided over Judge Sherwood Coleman who issued Letters Of Administration on June 4th confirming Lawrence Griffin Plunkett’s authority as personal representative