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FLORIDA RECORD

Thursday, November 21, 2024

Plaintiff Alleges Assisted Living Facility's Negligence Led to Wife's Death

State Court
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A tragic case has emerged from Palm Beach County, Florida, where a grieving husband is seeking justice for the alleged neglect and substandard care that led to his wife's death. Ronald Mahns, as the Personal Representative of the Estate of Nora Mahns, filed a complaint on August 16, 2024, against SNH SE Barrington Boynton Tenant LLC, doing business as Barrington Terrace at Boynton Beach, and FVE Managers, Inc.

According to the court documents filed in the Fifteenth Judicial Circuit Court in Palm Beach County, Ronald Mahns accuses Barrington Terrace and its management company, FVE Managers Inc., of gross negligence and violations of Florida Statute §429.28. The complaint outlines a series of events beginning on November 27, 2021, when Nora Mahns was admitted to Barrington Terrace due to her dementia and history of falls. By December 10, 2021, she was identified as being at moderate or high risk for falls.

The lawsuit details that despite this known risk, Nora suffered multiple falls while under the care of Barrington Terrace. Her first fall occurred on January 6, 2022; over the next year and more, she fell at least eight more times. Her final fall on February 5, 2023 resulted in a displaced right femur fracture requiring emergency surgery. Tragically, less than a month later on March 4, 2023, Nora Mahns passed away.

Ronald Mahns alleges that the defendants failed in their duty to provide a safe environment and proper care for his wife. The complaint lists numerous failures including inadequate monitoring and documentation of Nora's condition changes prior to her falls on December 31, 2022 and February 5, 2023. It also highlights failures in updating her care plan and ensuring appropriate staffing levels.

The plaintiff seeks damages exceeding $50,000 exclusive of costs and interest for both survival claims under Chapter 429 of Florida Statutes and wrongful death damages due to violations of residents' rights under the same statute. He asserts that these negligent acts deprived his wife of dignity in her final days and caused significant pain and suffering.

Representing Ronald Mahns is attorney Timothy D. Kenison from Goldlaw firm based in West Palm Beach. The case is presided over by Judge Charles E. Burton with Case ID: 502024CA007783XXXAMB Div: AK.

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