 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Busam v. Dep't of Mental Retardation2/11/2004
DECISION
{ } This is a negligence action brought by plaintiff, Claire M. Busam, on behalf of her deceased son Joseph Busam, Jr. The issues of liability and damages were bifurcated and the case proceeded to trial on the issue of liability.
{ } Joseph Busam, Jr. (Joey) was a mentally retarded individual who for 25 years resided at Good Shepherd Manor (GSM) in Wakefield, Ohio. Defendant, the Ohio Department of Mental Retardation and Developmental Disabilities (MRDD), licensed and regulated GSM. However, it is undisputed that GSM was privately owned and operated by an order of Catholic Brothers known as the "Little Brothers of the Good Shepherd" (The Brothers). The Brothers were an independent organization under the direct control of the Catholic Diocese.
{ } According to the testimony at trial, the decision to place Joey at GSM, and the facility where he resided before he was old enough to go there, was a result of careful consideration by the entire family. Joey was the third of plaintiff's eight children and the only one with any type of disability. Notwithstanding his placement in residential care, Joey remained an integral part of his family throughout his lifetime; he visited home frequently and was visited at GSM at least once a month by family members. He was active with his siblings and was much loved and deeply cared for. Plaintiff testified that Joey was approximately 12 years old when she began seeking alternative living arrangements for him; that she did so because he was becoming increasingly frustrated at home after all of his brothers and sisters began attending school and he was unable to do so.
{ } Joey transferred to GSM when it opened in 1967; he was 16 years old at the time. He remained there, with the exception of his visits home, until 1992, when the family was notified that Joey was ill. It was subsequently discovered that he was suffering from AIDS. As is commonly known in today's culture, AIDS is a disease that results from infection by the HIV virus that can lay dormant in infected persons for many years. According to the medical evidence in this case, there is at least a 97% certainty that Joey contracted the virus between 1977 and 1985 while he was a resident of GSM. When he was diagnosed in 1992, he was in a "full-blown" stage of the disease. Joey succumbed to complications stemming from AIDS in January 1996, at the age of 45.
{ } Plaintiff alleges that Joey was physically and sexually abused at GSM, and that MRDD's negligence in its licensing process and its failure to abide by its own policies in dealing with allegations of abuse proximately caused Joey's injuries and ultimately, his death.
{ } Although the alleged actions and inactions that gave rise to this case occurred decades ago, it is important to note that plaintiff's legal actions were timely commenced. She first began proceedings in this court on May 24, 1993. That case was later stayed for many years pending the outcome of a connected action in the Pike County Court of Common Pleas. After the connected case was settled in 1997, the stay in this court was lifted and the case was scheduled for trial, to commence in March 1999. However, plaintiff voluntarily dismissed the action shortly before the trial date.
{ } The complaint now before the court is a refiling of plaintiff's previous action. Shortly after her complaint was refiled in January 2000, plaintiff's counsel at the time filed a motion requesting that this court issue a preliminary determination as to whether the proceeds of the settlement in the connected action should be treated as a collateral source offset. The basis for the motion was that plaintiff and her family had placed
Page 1 2 3 4 5 6 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|