October 2, 2012
Richmond, an 88-year-old resident of Christian Care Center, fell on the facility’s driveway on September 12, 2007. He was using a rolling walker purchased by his daughter at the time of the fall. He died the next day as a result of the injuries sustained by the fall.
Richmond’s family sued Christian Care Center, alleging premise liability and gross negligence. Mr. Richmond’s walker became stuck in a drainage gate; therefore, causing him to fall. Richmond’s family argued that the driveway had been a designated walking area for the residents of Christian Care Center, and that the staff knew of its dangerous conditions. No action was ever taken by the staff in order to mitigate these unsafe conditions.
The jury found both Christian Care Center and Mr. Richmond both 50% at fault. Christian Care Center argued that the dangerous condition was open and obvious, and there was no history of previous fall incidents as a result of the driveway’s conditions.