Donna Ladet vs. Kendall Health Care Properties

  • Court: Florida State, Miami-Dade County, Eleventh Circuit Court
  • Case Number:  2022-008462-CA-01
  • Filed:  May 9, 2022
  • Judges: Echarte, Pedro P., Jr.
  • Case Type: Nursing Home Negligence
  • Cause: Civil

Parties Involved

  • Plaintiff(s): The Estate of Constance Poppenhager, a.ka., Donna Ladet
  • Defendant(s): Kendall Health Care Properties d/b/a The Palace At Kendall Assisted Living Facility

 Verdict Information

  • Verdict Date: May 2, 2024
  • Total damages awarded to Plaintiff: $2,500,000.00
    • Economic Damages: $500,000.00
    • Non-economic Damages: $2,000,000

 About the Case


Constance Poppenhager, the plaintiff, was suffering from Alzheimer’s. On July 8, 2021, she was admitted to The Palace at Kendall Assisted Living Facility. The Palace was an assisted living facility or a nursing home residence. At 85 years old, she was a known fall risk.

Within the first few hours of her admission, The Palace staff neglected to create an adequate care plan for Constance. They failed to properly monitor her care and treatment. Despite knowing her fall risk, the staff took no steps to prevent falls. Doctor’s orders were not followed, and no safety devices were used to prevent Constance from falling when left unattended. This nursing home negligence led directly to Constance falling in the bathroom, resulting in significant head and facial trauma. Furthermore, the staff did not diagnose or treat her injuries in a timely manner.

Consequently, Constance experienced a drastic decline in her physical condition due to the suffered injuries. Constance sued The Palace for violating her Residents’ Rights under Chapter 400 of Florida Statutes. Her right to receive proper healthcare, appropriate protective and support services, to be treated courteously and with dignity, and to be free from mental and physical abuse was infringed. Additionally, it was claimed that the nursing home’s negligence and substandard care directly contributed to Constance’s injuries and subsequent decline in health.

The Palace had a statutory duty of reasonable care towards Constance. However, they failed to protect her from foreseeable danger and were unable to safeguard her dignity and privacy. It was asserted that the Defendant was vicariously liable for the negligent actions of their staff, who were not adequately trained and supervised.


The Defendant’s failure to comply with section 400.022, Florida Statutes, along with its negligence, intentional acts, and omissions, directly and proximately caused damages to Constance Poppenhager. These damages include past and future medical expenses for her injuries, expenses related to hospitalizations, loss of dignity, humiliation, bodily injury, pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity to enjoy life, discomfort, and aggravation of any pre-existing injury.


Constance Poppenhager prayed for all compensatory damages available for the violation or infringement of her Residents’ Rights available under Florida Statutes Chapter 400. The amount Constance claimed as compensation for the damages caused was over $100,000. The negligent and careless attitude of The Palace caused Constance to incur additional medical expenses and caused physical injury, trauma, loss of dignity, suffering, and mental anguish.

Jury Verdict

On May 2, 2024, a Florida jury awarded $2,500,000.00 as compensation for the damages to Constance Poppenhager. The total amount awarded to Plaintiff is $2.5 million. Out of $2,500,000, the total amount awarded for Constance Poppenhager’s medical expenses was $500,000.00. The remainder of the $2.5 million, i.e., $2,000,000, was compensation for the pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, discomfort, aggravation of a disease or physical defect, and loss of capacity for the enjoyment of life.

On May 3, 2024, the jury, in its final judgment, reaffirmed the verdict and stated that the sum of $2,500,000 would accrue interest at the statutory rate of 9.34%.

Court Documents: