Georgia Verdicts

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Suit: Patient facility didn’t have proper safety procedures

Amount:

$1,160,000

Type:

Decision-Plaintiff

State:

Georgia

Venue:

Rockdale County

Court:

Rockdale County, State Court

Injury Type(s):

head-fracture, skull;
brain-brain damage; shoulder-fracture (fracture, collarbone);
mental/psychological-cognition, impairment

Case Type:

Premises Liability; Nursing Homes – Abuse or Neglect, Negligent Supervision

Case Name:

Craig Franklin, as guardian of Wanda Franklin v. Ryan’s Hope, LLC, et al.,
No. 2012-SV-1493

Date:

November 21, 2013

Parties

Plaintiff(s):

Craig Franklin (Male), 

Wanda Franklin (Female, 46 Years)

Plaintiff Attorney(s):

Katherine Jackson;

Decatur,
GA,
for
Craig Franklin, Wanda Franklin

Defendant(s):

Ryan’s Hope, LLC

Defense Attorney(s):

None Reported;

for
Ryan’s Hope, LLC

Facts:

In Dec. 2010, Wanda Franklin, 46, a schizophrenic, was admitted to an inpatient care facility run by defendant Ryan’s Hope LLC, a nonprofit corporation. Her husband, Craig Franklin, had admitted her to the facility when he was no longer able to provide the care she required. In Feb. 2011, Mrs. Franklin jumped from a second story window in an apparent suicide attempt. She landed approximately 20 feet below. The jump did not result in a fatal injury, but she suffered fractures to her collarbone and skull, resulting in physical and cognitive limitations Craig Franklin, as Wanda Franklin’s guardian, sued Ryan’s Hope. He alleged that the facility was negligent in failing to have adequate safety procedures/devices in place to prevent falls such as this from occurring. Plaintiff further alleged that the facility was over-crowded, with more than twice the number of residents allowed by state law. Defendant failed to respond to the lawsuit and was found in default.

Injury:

Wanda Franklin suffered a skull fracture, resulting in brain damage with cognitive disabilities. She also suffered a collarbone fracture. Plaintiff sought damages of $200,000 for past medical expenses related to the fall, as well as compensation for Mrs. Franklin’s pain and suffering and permanent impairments resulting from the fall.

Result:

Following a bench trial on damages, plaintiff was awarded $1,160,000, including $800,000 in damages and $360,000 for attorney fees.

Trial Information:

Trial Length:

30
 months

Editor’s Comment:

This report is based upon information obtained from the McAleer Law Firm website and an article published by the Fulton County Daily Report.