McFarren v. Emeritus at Canton
111 N.E.3d 87
Ohio Ct. App.2018Background
- On July 8, 2010 Angeline Rinker (age 91) was admitted to The Landing of Canton (Emeritus) under a Respite/Short Term Stay addendum and converted to a month-to-month resident on July 14, 2010.
- Dr. Thomas completed a pre-admission health assessment that checked “Assist with transfer: One person,” noted “re-evaluate” for ambulatory status, and listed “Type of Care: Nursing Home; Duration: Indefinite.”
- On July 15, 2010 staff discovered Rinker on the floor and later x-rays showed a fractured left hip; she died on July 21, 2010 with the coroner listing the fall and hip fracture as causes.
- Appellant Wanda McFarren (individually and as administratrix) sued Emeritus asserting negligence, Patient Bill of Rights violation, breach of the Resident and Care Agreements (contracts), wrongful death, and punitive damages; trial court granted summary judgment for Emeritus on all claims.
- This court (McFarren I) reversed only the trial court’s statute-of-limitations dismissal of the contract claims and remanded counts 3 and 4 (breach of Resident and Care Agreements) for consideration on the merits; the case returned on remand for summary judgment on those contract counts.
- On remand the trial court again granted summary judgment for Emeritus; the appellate court affirmed, holding plaintiff failed to show breach of contract or causation and that the physician’s two-word “nursing home” notation was insufficient without the physician’s testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether law-of-the-case required trial to deny summary judgment on contract claims | McFarren: remand required trial on breach claims | Emeritus: remand required only consideration on the merits; summary judgment appropriate if no evidence of breach | Court: No law-of-the-case error; remand required merits consideration and summary judgment was proper |
| Whether Emeritus breached Resident Agreement by admitting/retaining Rinker despite Dr. Thomas's “nursing home” note | McFarren: doctor’s note meant Emeritus could not meet Rinker’s needs; admission/retention breached contract | Emeritus: note ambiguous without physician testimony; placement decision rested with family; facility met legal limits and could provide needed care | Court: Plaintiff failed to prove the note required transfer; no evidence Dr. Thomas meant a higher level of care that Emeritus could not provide; no breach shown |
| Whether Emeritus breached Care Agreement by failing to provide contracted services or reevaluations | McFarren: Emeritus failed to perform required evaluations and services and failed to notify family of physician assessment | Emeritus: performed admission evaluation; monthly reevaluations standard; no evidence it failed to provide promised services or that it was contractually required to communicate physician note | Court: No Civ.R.56 evidence of failure to provide contracted services or missed reevaluations; Rinker was evaluated on admission; no breach shown |
| Whether any contractual breach proximately caused Rinker’s fall and death | McFarren: breaches (admission/retention, inadequate care) proximately caused fall and death | Emeritus: no evidence how fall occurred; plaintiff’s expert speculation insufficient to create causation | Court: No evidence of how fall occurred or that different conduct would have prevented it; no proximate causation established |
Key Cases Cited
- State ex rel. Zimmerman v. Tompkins, 75 Ohio St.3d 447 (Ohio 1996) (sets Civ.R. 56 summary judgment prerequisites)
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (Ohio 1987) (appellate review of summary judgment uses same standard as trial court)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (moving party’s burden on summary judgment and nonmoving party’s obligation to show genuine issue)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (outlines burdens in Ohio summary judgment practice)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (summary judgment standards and evidence viewed in favor of nonmoving party)
- Williams v. First United Church of Christ, 37 Ohio St.2d 150 (Ohio 1974) (record on summary judgment must be viewed in the light most favorable to opposing party)
- Blake Homes, Ltd. v. First Energy Corp., 173 Ohio App.3d 230 (Ohio Ct. App.) (elements required to state a breach of contract claim)