Parker v. Illinois Masonic Warren Barr Pavilion
Illinois Appellate Court
299 III. App. 3d 495, 701 N.E.2d 190 (1998)
Meta Krueger (plaintiff), an elderly woman, was admitted to the Illinois Masonic Warren Barr Pavilion (Warren Barr) (defendant) for short-term rehabilitative care following a spinal fracture. Krueger’s admissions evaluation indicated she needed mobility assistance. Krueger’s rehabilitation goal was to become independently ambulatory. Approximately one month after Krueger’s admission, she fell in the bathroom. Krueger had not called for assistance getting to the bathroom and had not put on her anti-slip slippers. After the fall, Krueger’s doctor told nursing staff that Krueger needed supervision and assistance when walking or transferring herself in and out of bed. Despite the doctor’s orders, Krueger’s nurse still only assisted Krueger when called. Shortly after, Krueger’s nurse informed Krueger that she was being moved to a different room. Because no one came to help Krueger move, Krueger packed her belongings herself and moved them into the hallway. Krueger did not call for assistance. In the process of moving her belongings, Krueger fell and broke her hip. On the day of Krueger’s second fall, staff notes indicated that Krueger could not independently ambulate. Krueger needed surgery and extensive physical therapy for her broken hip. Krueger brought a negligence action against Warren Barr under Illinois’s Nursing Home Care Act. After a jury trial, the jury awarded damages to Krueger but reduced the amount based on Krueger’s comparative fault. Warren Barr appealed.
Rule of Law
Holding and Reasoning (Cousins, J.)
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