Professional Negligence Law Reporter

Elizabeth D’Emilio, 87, lived at The Brunswick at Attleboro, an assisted living facility. After the facility replaced its hot water tank, no new water testing was performed to check for the presence of Legionella bacteria. The following month, there was an outbreak of Legionnaires’ disease at the facility. D’Emilio contracted the disease and became critically ill. She died a month later. She is survived by her three children.

One of D’Emilio’s children, on behalf of her estate, sued the facility, alleging it failed to ensure the water at the facility was safe for residents. The plaintiff asserted that the defendant failed to implement a water treatment and testing system or keep the water temperature at a proper level. Additionally, suit claimed that the defendant failed to identify stagnant or low-flow areas in the water delivery system, which would increase the presence of Legionella bacteria.

The parties settled for $250,000.

Citation: D’Emilio v. Brunswick Residences, Inc., No. 2018-03065 (Pa. Ct. Com. Pl. Bucks Cty. Oct. 5, 2021).

Plaintiff counsel: Robert L. Sachs Jr., Philadelphia.