Woman stabbed while shopping at retail store
Plaintiff: Tennessee woman
Defendant: Retail store
Alleged Injuries: Negligence, and negligent infliction of emotional distress after a young woman was attacked and stabbed multiple times by a third party criminal assailant
Description: A young woman and her mother were shopping in a retail store when a third party criminal assailant attacked the young woman, stabbing her with a knife multiple times. She suffered serious and permanent injuries as a result. Wilkes & McHugh represented this woman in an action based on the store’s failure to provide adequate security for its patrons. The matter was confidentially resolved during trial.
Pennsylvania nursing home resident beaten to death by roomate
Plaintiff: A Pennsylvania man
Defendant: A nursing home
Alleged Injuries: Negligence per se for Violations of Neglect of Care-Dependent Person and Violations of the Pennsylvania Older Adults Protective Services Act after a nursing home resident’s roommate beat him to death. His death was deemed a homicide.
Description: The plaintiff was being screamed at by his male roommate one evening during dinner service. A nurse came in, calmed the plaintiff’s roommate down, then left the two men alone again. Moments later, a commotion was heard. When the staff re-entered the room, they found the plaintiff on the floor, being repeatedly beaten by his roommate. The plaintiff died from his injuries. His roommate was deemed incompetent to stand trial and was committed to a state hospital.
The plaintiff was dependent upon the nursing home and its staff for all of his daily care and personal needs. The defendants failed to evaluate residents to determine if they were appropriately placed in the facility and failed to transfer the roommate, who should not have been a resident there. The defendant deprived the plaintiff of adequate care and safety, resulting in his death.