A San Diego family has been awarded 145,000 in compensatory damages for a fall that occurred at a Santa Martha Residential Care facility. Our assisted living negligence attorneys explain the case facts.
Kabban v. Santa Martha Resident Care Facility in San Diego
In case number 37-2019-00006436-CU-PO-CTL, the Plaintiff sued Santa Martha ALF for allegations involving a fall and subsequent fracture suffered by the resident, Wadad Kabban. Ms. Kabban was a high fall risk while she resided at Santa Martha. Despite this high risk factor, she was left alone in a common area without any staff supervision or monitoring. As a result, she fell and broke her arm and hip.
After her fall and medical treatment, the family filed a lawsuit against Santa Martha Residential Care, alleging assisted living facility negligence and elder abuse/neglect.
The Kabban family argued that the fall was foreseeable, and therefore preventable. The defendants denied all wrongdoing and countered that the fall was not preventable in the care setting that Wadad Kabban resided in.
As is the case with many of these elder abuse claims, the case resolved prior to actually going to trial.
Pre-Trial Settlement in the San Diego Elderly Fall Lawsuit
Prior to trial, Santa Martha agreed to pay the Kabban family $145,000 in damages for Wadad’s fall. This settlement was reached in exchange for no admission of guilt and, for an agreement that the Kabban family would drop the Santa Martha ALF lawsuit in exchange for the six figure settlement.
Following the payment of the settlement, the plaintiff agrees to dismiss all parties from the lawsuit and close the file.
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