No Duty Owed by Adult Residential Facility to Resident Who Suffered Heart Attack While at Work - Summary Judgment Granted for Defense

October 1, 2002

In this matter handled by Michael B. Lawler and Pamela J. Marantz, decedent Darla Meacham was a resident of The Odalys B. Perez Family Home, a licensed Adult Residential Facility. On the date of her death, the caregiver at the Perez Family Home had instructed Ms. Meacham to stay home from work, but she refused, insisting that she had recovered from recent complications with her asthma, which had caused her to seek medical attention. Unbeknownst to the Perez Family home staff, Ms. Meacham exited the home via the back door to board the shuttle that transported her to work each day. The Perez Family Home staff and employees observed her as she was boarding the shuttle but concluded that there was nothing they could do to keep Ms. Meacham home from work that day without violating California law and depriving decedent of her personal freedoms. While at work, Ms. Meacham suffered a heart attack and died.

Ms. Meacham's husband and brother sued the Perez Family Home for wrongful death contending that the Perez Family Home, as an Adult Residential Facility, was obligated to physically restrain Ms. Meacham and prevent her from attending work on the day of her death, even if she desired to go.

The Perez Family Home contended that it had no duty to physically restrain Ms. Meacham against her will and that to do so would have violated her personal rights and freedoms. Specifically, The Perez Family Home argued that such restraint would have violated the rights guaranteed to Ms. Meacham in the Personal Rights statement that she received, reviewed and signed upon becoming a client of the Perez Family Home. This document provided that each client of the facility has the right to leave the facility at any time (with certain exceptions) and the right to not be locked in any room, building or facility. The Perez Family Home further argued that the heart attack would have occurred irrespective of whether or not Ms. Meacham had gone to work that day.

In granting defendant's Motion for Summary Judgment, the Court found that there was no evidence to suggest that The. Perez Family Home had a duty to prevent Ms. Maecham from going to work on the date of her death, that it had failed to comply with any applicable statutory mandates and regulations governing the duty to observe decedent, or it breached any duty of care owed to decedent.