In a significant legal move, the estate of a deceased nursing home resident has filed a lawsuit against multiple entities and individuals associated with the care facility where she resided. The complaint was lodged by Susan Marie Anthony, acting as the personal representative of Betty Ann Darling's estate, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on November 15, 2024. The defendants include Aventura at the Bay LLC and several associated companies and individuals.
The case centers around allegations of negligence and wrongful death during Betty Ann Darling's residency at Aventura at the Bay from March 30, 2018, until her discharge on June 12, 2023. The plaintiff accuses Aventura at the Bay LLC, along with Awesome Healthcare Assets LLC (also known as Awsome Healthcare Assets LLC), EOM Health Care Holdings LLC, Mark Kaszirer, Dawn M. McCall, and Bonnie Almond (also known as Bernadette Lenore Tomaino-Almond), of failing to provide adequate care for Darling. The complaint outlines numerous alleged breaches of duty that led to bodily injury and ultimately Darling's death.
According to court documents, Susan Marie Anthony asserts that these entities violated Florida Statute 400.022 concerning residents' rights by not properly supervising staff or ensuring sufficient staffing levels to meet Darling's needs. It is claimed that these failures resulted in physical harm and suffering for Darling during her time at the facility. Additionally, it is alleged that there was an intentional effort to maintain maximum census levels for increased revenue without adjusting staffing accordingly.
The lawsuit seeks damages exceeding $50,000 for non-lethal negligence and lethal negligence resulting in wrongful death. It also claims breach of fiduciary duty by Aventura at the Bay LLC for failing to provide promised care services while allegedly diverting funds meant for resident care into inflated inter-company fees benefiting related corporate entities. Furthermore, accusations extend to aiding and abetting this breach by other corporate defendants like Awsome Healthcare Assets LLC and EOM Health Care Holdings LLC.
The plaintiffs are demanding judgment against all named defendants for compensatory damages related to bodily injury suffered by Betty Ann Darling before her death. They also seek disgorgement of profits gained through alleged misconduct alongside any consequential damages deemed appropriate by the court.
Representing Susan Marie Anthony is attorney Rainey C. Booth Jr., Esq., from Mendes Reins & Wilander PLLC based in St Petersburg FL., while Circuit Judge Sherwood Coleman presides over this case under ID number 24-005044-CI filed electronically on November 15th with Ken Burke serving as Clerk for Pinellas County Courts.