 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Shelton v. LTC Management Services2/2/2004
DECISION AND JUDGMENT ENTRY
. Sylvia Mae Shelton appeals the Highland County Court of Common Pleas' summary judgment in favor of LTC Management Services, dba Edgewood Manor. Shelton argues that the trial court erred when it found that her cause of action in Count I of her complaint was an action for bodily injury , and consequently applied the statute of limitations in R.C. 2305.10 (two-year), instead of the statute of limitations in R.C. 2305.07 (six-year) or R.C. 2305.09(D) (four-year). Shelton claims that the legislature created a new cause of action when it enacted R.C. 3721.10 -.17 (The Nursing Home Patients' Bill of Rights). Shelton maintains that her action is strictly statute based because she based her action on R.C. 3721.13(A)(1,2,3,5) and did not base her action on the common law. We disagree because under the two-step "but for" test in McAuliffe v. Western States Import Co. (1995), 72 Ohio St.3d 534, paragraph one of the syllabus, she could have brought her action even if the legislature never enacted R.C. 3721.10 - .17. Accordingly, we affirm the judgment of the trial court.
I.
. Shelton's mother, Etta Mae Beatty, transferred to Edgewood Manor, a long-term nursing care facility, on or about September 16, 1998, and died at Edgewood on October 11, 1998. Shelton filed a three-count complaint against Edgewood in the Highland County Common Pleas Court on March 6, 2001. In Count I Shelton alleged that Edgewood violated her mother's rights "by failing to provide proper nourishment, i.e. failing to provide said Etta Beatty with adequate food and water, and failing to clean her person or her bed clothes, all in violation of Ohio Revised Code 3721.13(A)(1,2,3,5)." In Counts II and III Shelton alleged that Edgewood breached the nursing home admission contract and violated the Ohio Consumer Sales Practices Act. Edgewood answered and included the affirmative defense that the applicable statute of limitations barred the cause of action.
. Edgewood moved for summary judgment and argued that Shelton's action was time barred by the two-year statute of limitations in R.C. 2305.10. Shelton maintained that actions for injuries caused by omissions of statutory duties are governed by the six-year statute of limitations in R.C. 2305.07. The trial court granted Edgewood's motion for summary judgment and found "that the subject matter or essence of [Shelton's] action is one for Bodily Injury and that the period of limitation for the filing of such actions is two (2) years as provided in ORC 2305.10."
. Shelton appeals and assigns one assignment of error: "The Trial Court erred in granting Defendant Edgewood Manor's Motion for Summary Judgment. The Court erroneously determined that Count I of Sylvia Shelton's Complaint against the Edgewood Manor was a claim for Personal or Bodily Injury and, therefore, applied the incorrect Statutory Limitations period." Shelton concedes in her brief that Counts II (breach of contract) and III (Ohio Consumer Sales Practice Act) are not before this court.
II.
. Before we address Shelton's assignment of error, Edgewood questions whether Shelton has standing to bring this action. We answer this legal question using a de novo standard of review.
. A non-resident of a nursing home does not have standing to sue in his or her individual capacity for a violation of R.C. Chapter 3721.10 -.17, which is known as the nursing home patients' bill of rights, because it only provides protection for a resident of a nursing home. Belinky v. Drake Center, Inc. (1996), 117 Ohio App.3d 497, 503. However, " sponsor may act on a resident's behalf to assure that the home does not deny the residents' right
Page 1 2 3 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|