A shocking case of alleged negligence has emerged from Palm Beach, Florida, where an elderly woman suffered severe injuries due to the purported carelessness of her caregiver. Rosalind Epstein, represented by her son Jonathon Epstein as Attorney in Fact, filed a complaint on December 24, 2024, against Marthee Genereux in the Circuit Court of the 15th Judicial Circuit in Palm Beach County.
The lawsuit claims that Rosalind Epstein, an 83-year-old resident of Boynton Beach, Florida, was under the care of Marthee Genereux when she sustained a fractured hip and other injuries after being left unattended. The incident occurred on March 22, 2024, when Genereux allegedly left Epstein alone on the toilet to move her car for another aide who was relieving her. This lapse in supervision resulted in Epstein falling and injuring herself. The plaintiff argues that this incident is a clear case of negligence under the Adult Protective Services Act (Fla. Stat. § 415.101-415.113), accusing Genereux of failing to provide adequate supervision and assistance to a vulnerable adult.
According to the complaint, Jonathon Epstein had been granted durable power of attorney for his mother due to her age-related infirmities which impaired her ability to perform daily activities independently. Seeking professional help for his mother’s care needs, he engaged Companion Plus Corporation's services who recommended Genereux as a suitable caregiver. However, it is alleged that Genereux failed in her duty to exercise reasonable care and caution necessary for ensuring Rosalind's safety and well-being.
The complaint details several breaches of duty by Genereux including leaving Rosalind unattended during critical moments such as sitting and transferring from one position to another; failing to protect her from foreseeable harm like falls; and acting carelessly which resulted in serious injury. These actions are claimed to have directly caused significant physical and emotional damages to Rosalind Epstein including medical expenses, pain and suffering, mental anguish, loss of dignity among others.
The plaintiff seeks compensatory damages exceeding $50,000 exclusive of interest and costs for these alleged breaches. They demand judgment against Marthee Genereux along with a trial by jury for all issues triable by right.
Representing Rosalind Epstein is Francisco J. Vinas from Vinas & Deluca Injury and Accident Lawyers based in Miami, Florida. The case ID is: 502024CA012127XXXAMB Div: AK.