Professional Negligence Law Reporter

Mary Benton, 98, lived at the Agape Senior Assisted Living facility and suffered from mild dementia, requiring assistance with her day-to-day activities. During her time at the facility, her condition deteriorated, and she was hospitalized for dehydration, infections, and low blood pressure. Additionally, she fell to the floor on two occasions, the last of which resulted in a broken hip. Benton was not a candidate for surgery and was later transferred to her son’s home, where she died. She is survived by her son.

Benton’s son, on behalf of her estate, filed suit against the assisted living facility and affiliated companies, alleging negligence, gross negligence, negligence per se, elder abuse, survival and wrongful death claims, and conversion. The plaintiff alleged that the defendants had failed to meet Benton’s daily needs, including preventing her from falling, and failed to timely transfer her to a health care facility after the first fall.

The parties settled for $125,000.

Citation: Benton v. Ashley Landing Assisted Living, LLC, No. 2017-CP-10-3625 (S.C. Ct. Com. Pl. Charleston Cty. May 22, 2020).

Plaintiff counsel: AAJ members Stefan B. Feidler, Eric M. Poulin, and Roy T. Willey IV, all of Charleston, S.C.