Professional Negligence Law Reporter

Milton and Renee Glass, who were both in their early 80s, entered into an assisted living rental contract with Fairwinds-West Hills, a Leisure Care Premier Community. Before entering into the contract, the couple met with the facility and discussed their needs, including the fact that Milton, who suffered from Parkinsonism, required a prescription diet and time-specific assistance with activities of daily living.

For approximately six months after the Glasses moved into the assisted living facility, staff told them that they would have to procure a hospital bed for Milton, obtain 24-hour private caregivers, and modify food for Milton’s diet themselves. The facility also issued multiple eviction notices to the Glasses and called police to have Renee chemically restrained after a fall. After spending two years at the facility, the Glasses moved into a private residence with private caregivers.

Renee, and, before his death, Milton, sued Leisure Care, LLC, and WHills LLC—its purported shell corporation—alleging negligence and breach of contract. Suit claimed the defendants had violated California regulations and physician’s orders by failing to provide Milton’s prescription diet. Suit also alleged the defendants had engaged in an organized campaign to withhold caregiving services in violation of the plaintiffs’ rights.
The jury awarded the plaintiffs $2 million. The defense has filed an appeal in the case.

Citation: Glass v. WHills LLC, No. BC615714 (Cal. Super. Ct. Los Angeles Cty. Nov. 7, 2019).

Plaintiff counsel: Marilyn Smith, Pasadena, Calif.