Wilson v. Americare Sys., Inc.Annotate this Case
When the nursing staff at the assisted living facility where Mable Farrar lived did not give Farrar an over-the-counter medicine for constipation as often as her doctor had prescribed, Farrar became constipated. Thereafter, Farrar's doctor notified the staff at the facility to give Farrar three to four enemas each day. A facility nurse gave Farrar only two enemas in three days. Farrar subsequently died of a perforated colon. Farrar's daughters filed a wrongful death action against the nurse who gave the enemas, the director of nursing at the facility, the owner of the facility, and the facility's management company. The jury found the management company fifty percent at fault based on its failure to provide sufficient personnel at the facility. The court of appeals reversed the jury verdict against the management company, finding that there was no material evidence that staffing deficiencies proximately caused Farrar's death. The Supreme Court reversed the court of appeals and reinstated the jury verdict, holding that material evidence supported the jury's finding that the management company's conduct was a substantial factor in causing Farrar's death. Remanded for review of the award of punitive damages.