$3.45 Million Jury Verdict in Failure to Assist Elderly Resident in Bathroom Fall

James Owen, 89, lived in the John Knox Village Care Center. He fell while using the bathroom, suffering a fractured cervical vertebra, and died within two weeks. He was survived by his older sister.

The Owens estate and Owen’s sister sued the nursing home, alleging it chose not to provide residents with 24-hour oversight, properly train its personnel and adequately assist Owen while he used the bathroom.

Owen’s sister and the estate argued that the nursing home’s conduct amounted to complete indifference or conscious disregard for Owen’s safety, warranting punitive damages.

The jury signed a verdict for $3.45 million, including $2 million in punitive damages and $500,000 for aggravating circumstances.

The attorneys successfully handling this tragic case for the Owen estate and family were Stephen Nordyke and Hope McCoy.

Lester v. John Knox Village, No. 1916-CV10568 (Mo. Cir. Ct. Jackson County).

Kreisman Law Offices has been handling nursing home abuse lawsuits, nursing home negligence cases, nursing home bedsore lawsuits and nursing home fall cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Waukegan, Naperville, West Dundee, Palatine, Oak Brook, Downers Grove, Bolingbrook, Romeville, Willowbrook, Joliet, Elgin, Tinley Park, Alsip, Calumet City, Chicago Heights, South Holland, Chicago (Roseland, Chatham, South Side, Hyde Park, Wrigleyville, Back of the Yards, Gage Park, West Lawn, North Lawndale, Logan Square, Lincoln Park, Andersonville, Uptown, North Park, Rogers Park, Forest Glen, Jefferson Park), Schiller Park, Bensenville, Itasca, Elmhurst and Addison, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.