James McElhone v. Athena Montowese SNF LLC

  • Court:  Connecticut State,New Haven Division,  Superior Court
  • Case Number: NNH-CV22-6125601-S
  • Filed: August 5, 2022
  • Judges: Dennis Eveleigh | Elizabeth Stewart | Matthew Frechette
  • Case Type: T90 – Torts – All other
  • Cause: Nursing Home Negligence

Parties Involved

Plaintiff(s): James McElhone

  • Counsel for Plaintiff: Perkins & Associates | Douglas Bracken
  • Expert witness for Plaintiff(s): Patrick Stonich, BSN, BS, RN CLNC

Defendant(s): Athena Montowese SNFLLC

  • Counsel for Defendants: Joseph M. Desmond | Joseph M. Fogarty

 Verdict Information

  • Verdict Date: May 2, 2024
  • Total damages awarded to Plaintiff: $0 (Verdict for Defendant)

 About the Case

Cause

James McElhone, a resident at Athena Montowese SNF LLC, a nursing home and rehabilitation facility located at 163 Quinnipiac Avenue in North Haven, Connecticut, filed a lawsuit against the care center. In his nursing home neglect complaint, McElhone alleged that on or about August 28, 2020, he was physically attacked and assaulted by another patient or resident at the facility, sustaining injuries to his head, left eye, and left knee that required surgery.

The nursing home negligence lawsuit claimed that Athena Montowese SNF failed in its duty to exercise reasonable care and maintain the premises in a safe condition for residents like McElhone. Specifically, the complaint accused the nursing home of failing to properly and adequately supervise its patients and residents. It stated that the facility knew or should have known that the patient who assaulted McElhone had a dangerous propensity for violent behavior, yet failed to take adequate safeguards against such conduct.

Additionally, the nursing home abuse case alleged that Athena Montowese neglected to protect or guard McElhone from the danger of resident-on-resident assault. This neglect occurred despite the facility knowing or having reason to know such attacks were likely to occur. The complaint further claimed the facility failed to hire appropriate staff to protect residents from random attacks. It also alleged that Athena Montowese did not implement proper training and policies to prevent patient assaults or provide adequate supervision of residents. These failures allegedly created an unsafe environment.

Injury

As a result of the nursing home neglect incident where he was assaulted by another resident, McElhone suffered severe physical and emotional injuries. The complaint states that he sustained traumatic injuries to his head and face, including an injury to his left eye. He also suffered a serious injury to his left knee that required surgical intervention to repair. The injuries inflicted during the resident-on-resident attack not only caused McElhone substantial pain and suffering but also greatly diminished his ability to enjoy life’s activities and pursuits. His physical limitations and emotional scars made it difficult or impossible for him to participate in hobbies, exercise, travel, and other pastimes he previously enjoyed.

Damages

The lawsuit sought monetary damages and any other relief the court deemed fair and equitable against Athena Montowese SNF. It claimed the facility’s alleged nursing home negligence contributed to the resident assault. The lawsuit sought monetary damages in excess of $15,000, exclusive of interest and costs. This compensation was intended to cover the plaintiff’s injuries, losses, and pain and suffering

 Jury Verdict

The jury found the issues for the defendant Athena Montowese SNF, LLC and against the Plaintiff James McElhone.

Court Documents:

Complaint

Verdict