The Ausband Firm - Personal Injury Law

Verdicts Howington v. Beverly Enterprises-Georgia, Inc.

Dan Howington and Dick Howington, the sons of the deceased, Willie Mabrie Howington, and Administrators of the Estate of Willie Mabrie Howington
v.
Beverly Enterprises-Georgia, Inc., d/b/a Beverly Healthcare Jonesboro
(In-house corporate representatives, treating physician at the Beverly Nursing home and attending physician at the Henry General Hospital)

State Court of Clayton County
Civil Action File No. 2001CV01973C

Liability Facts:A 90-year old female resident at the Beverly Nursing Home facility in Jonesboro, Clayton County, Georgia, received severe injuries, including a broken leg, when she was rolled outside of the facility and left at the top of a handicap ramp without supervision.As a result, the Plaintiff decedent rolled down the ramp and lost control of the wheelchair, which flipped over causing injuries.Plaintiff decedent was found by nursing home attendants lying in the parking lot.

After waiting approximately three hours for physician's orders authorizing transportation to the hospital, the Plaintiff decedent was taken to the hospital where her leg was splinted and she returned to the nursing home facility in the early morning hours the following day.The Plaintiff decedent received inadequate nutrition and hydration in the nursing home following the accident and on day seven following the accident was essentially non-responsive and was taken back to the hospital.She subsequently died from pneumonia and other complications secondary to the fall and the treatment after the fall.

The nursing home contested liability specifically with respect to causation on the wrongful death claim.

Injury Facts: Wrongful death secondary to broken leg and severe trauma from a wheelchair accident.

Medical Expenses:$15,000.00
Future Medical:N/A
Medical Expert:Pam Byers
Offer/Demand:$200,000/$1,000,000.00
Verdict/Settlement:Confidential

Plaintiff's Attorney: Andrew C. Ausband, Atlanta, Georgia
Defendant's Attorney: David C. Marshall, Hawkins and Parnell, LLP, Atlanta, Georgia