2/15/2007 - Summary Judgment Granted in Wrongful Death, Outrage and Negligent Wanton Treatment of a Corpse

On May 10, 2004, the plaintiff's decedent drowned in her bathtub at the Bankhead Towers Apartments.  The plaintiff's decedent was a bipolar schizophrenic who was under a medication managed program with a mental health service.  Plaintiff filed suit alleging Bankhead Towers and the mental health service caused or contributed to the decedent's death and that defendants failed to timely respond to plaintiff's request to check on the decedent resulting in severe decomposition of the body.  Initially, plaintiff's Complaint alleged the death was caused by the criminal act of a third party; however, there was no evidence to support such a claim.  The coroner's report and the police report both established there was no evidence of foul play and the death was caused by an accidental drowning.  Moreover, the plaintiff conceded in her deposition that the defendants could not have prevented the death.  Mike Gregory, on behalf of Bankhead Towers, filed a motion for summary judgment asserting there was no evidence of a duty, a breach of a duty or causation with regard to the wrongful death claim.  Defendants also asserted the decedent's estate did not have standing to bring the outrage and negligent/wanton treatment of a corpse.  Judge William Noble of the Circuit Court of Jefferson County agreed and granted Bankhead Towers' motion for summary judgment. 

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