Professional Negligence Law Reporter

Betty Perloe, 92, lived on Somerby Senior Living of Sandy Springs’s memory care unit. The facility was experiencing an escalating problem with fire ants, and there were approximately 50 reports of fire ants despite alleged monthly pest-control treatments. Perloe, who suffered from congestive heart failure, suffered ant stings on successive nights while in her bedroom. The venom from the ants caused her to experience pain and necessitated treatment with morphine.

Perloe’s condition deteriorated, and she died approximately one week later. She is survived by her three adult children.

Perloe’s children and estate sued Somerby Senior Living Services, LLC, alleging professional negligence, negligence, negligence per se, administrator negligence, premises liability, and violations of the Remedies for Residents of Personal Care Homes Act. Among other things, the plaintiffs asserted that the defendant had failed to keep Perloe’s living quarters free from insects, rodents, and pests and failed to implement adequate remedial measures for the ant issue, including having exterminators treat the facility every day.

The jury awarded $2.8 million, including $1 million in punitive damages.

Citation: Perloe v. Somerby Senior Living Servs., LLC, No. 19-C-02144-S4 (Ga. St. Ct. Gwinnett Cty. June 1, 2022).

Plaintiff counsel: AAJ members Lance D. Lourie, Lindsay Forlines, and Xavier O. Carter Sr., all of Atlanta.

Plaintiff experts: Sylvia Wright, dermatology, Atlanta; Jeffrey Tucker, entomology, Houston; Jill Cox, nursing home administration, Boardman, Ohio; and Richard deShazo, ant stings, Birmingham, Ala.

Defense expert: Brian Fisher, entomology, San Francisco.