A case has been settled against Residential Care Facility for the Elderly in the death of Gilbert Wilson. Mr. Wilson, 87, was residing at the facility, and suffered from Alzheimer’s disease and dementia. Two days after Mr. Wilson was admitted to the facility on Crenshaw Boulevard, he was unmonitored and wandered from the premises. He was missing for 14 hours when he was struck by a truck and killed. Although Mr. Wilson’s autopsy failed to prove that he had Alzheimer’s, Mr. Wilson’s physician maintained his diagnosis. 

Gilbert Wilson’s wife, Tyrine Wilson, sued the facility for negligence, wrongful death, fraud/intentional misrepresentation, negligent infliction of emotional distress, intentional infliction of emotional distress, and elder abuse. Mrs. Wilson claimed that the facility was guilty of elder abuse and wrongful death by violating many California Code Regulations. Furthermore, the facility’s staff was not equipped to care for someone in Mr. Wilson’s state, despite the fact that they led Mrs. Wilson to believe that they had the ability to do so. The court dismissed the claims of negligent infliction of emotional distress, intentional infliction of emotional distress, and fraud/intentional misrepresentation.  

Residential Care Facility for the Elderly responded that Tyrine Wilson was aware that the facility was unlocked and was not equipped with door buzzers. They further stated that Mrs. Wilson left her husband at the facility knowing that he was unhappy and would attempt to leave the premises. They accused Mrs. Wilson of abandoning her husband, and depriving him of proper care and medication.  

The trial lasted five days, and after 2 ½ hours of deliberation, the jury ordered Mrs. Wilson be paid $1,480,000.

 If you or someone you know has been seriously injured, contact the law firm of Estey & Bomberger.