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FLORIDA RECORD

Thursday, November 7, 2024

Estate Alleges Assisted Living Facility's Negligence Led to Resident Harm

State Court
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A tragic case of alleged negligence and breach of fiduciary duty has been brought to light, raising serious concerns about the care provided at an assisted living facility in Florida. The Estate of Domenica Giuliano, represented by Antonio Giuliano, filed a complaint against ARHC LLC and Michelle Abrahante in the Circuit Court of the Sixth Judicial Circuit in Pinellas County on July 1, 2024.

The complaint centers around the treatment Domenica Giuliano received during her stay at Sodalis of Largo from March 31, 2022, until her discharge on July 11, 2022. According to the filing, ARHC LLC owned and operated the facility under its fictitious name while Michelle Abrahante served as its administrator. The plaintiff alleges that both defendants failed to provide adequate care and supervision for Domenica Giuliano, resulting in significant harm.

Antonio Giuliano claims that his mother suffered due to insufficient staffing levels and improper supervision by the facility's staff. The lawsuit states that "Defendants breached their duty to properly supervise staff and ensure that any such staff exercised care consistent with prevailing professional standards." Additionally, it accuses the defendants of endangering residents by prioritizing maximum census levels over appropriate care needs. This neglect allegedly led to bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, and increased medical expenses for Domenica Giuliano.

The complaint further accuses ARHC ATLARFLO1 TRS, LLC of breaching its fiduciary duty by mismanaging funds intended for resident care. It asserts that "ARHC ATLARFLO1 TRS, LLC systematically accepted monies intended for the provision of care and services...while representing that they would use the money received on behalf of residents." Instead of utilizing these funds effectively to ensure residents' well-being, it is alleged that the company diverted resources towards inflated inter-company fees and contracts benefiting its affiliates rather than residents like Domenica Giuliano.

The plaintiff seeks various forms of relief from the court including damages exceeding $50,000 for non-lethal negligence against both defendants as well as disgorgement of profits related to breach-of-fiduciary-duty claims against ARHC ATLARFLO1 TRS alone. They also demand a trial by jury along with any other relief deemed appropriate by the court.

Representing The Estate Of Domenica Giuliano is attorney Kyle D. Ross from Mendes Reins & Wilander PLLC based out St Petersburg FL while no information was provided regarding legal representation or defense counsel involved thus far; presiding over this case will be Judge Lauren C Laughlin under Case ID:24-002939-CI

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