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STATE OF MICHIGAN
COURT OF APPEALS


ELOISE HALL, Plaintiff-Appellant, v CADILLAC NURSING HOME, DEL WHEELER, ROBBIE ROBINSON, CLAUDINE PAULING, and BETTY RUTHERFORD, Defendant-Appellees.

UNPUBLISHED January 18, 2000

No. 209010 Wayne Circuit Court LC No. 97-709625 NF

Before: White, P.J., and Hood and Jansen, JJ. PER CURIAM Plaintiff appeals of right the circuit court's grant of summary disposition to defendants under MCR 2.116(C)(10) in this negligence action. We reverse. Defendant nursing home is a licensed facility that houses elderly patients and housed plaintiff's decedent. Plaintiff's complaint alleged that defendants knew or should have known of plaintiff's decedent's "medical history, medical and psychological condition, risks and needs, including a risk for relapse and/or escape due to dementia, depression and/or alcohol abuse." It further alleged that both a contractual and special relationship existed between defendants and plaintiff's decedent "by virtue of mutual agreement and through Defendants' contacts with and observations of him, particularly in light of the risk of harm posed by Defendants' lack of supervision." Plaintiff's complaint further alleged that defendants owed a duty "to properly supervise and care for" plaintiff's decedent and "to maintain his person in a reasonably safe condition protecting him from all foreseeable dangers." The complaint alleged that defendants "did not take and/or use ordinary care and diligence to avert the threatened danger despite the apparent risk of danger and harm," and that plaintiff's decedent's death was a direct and proximate result of defendants' negligent conduct. Plaintiff attached an affidavit of merit to her complaint in which a registered nurse attested that "the standard of care for nursing services rendered in an inpatient nursing care facility, when caring for an inpatient with Sid Hall's medical history, requires knowledge of a resident's whereabouts at all times," and opining that defendant and its agents breached the standard of care owed to Sid Hall.

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Defendants' affirmative defenses included that decedent's injuries and damages were proximately caused in whole or part by decedent's own, or third parties' subsequent intervening negligence, or intentional conduct of parties other than defendants. The record before us includes substantial medical records produced by defendant. These records state that on admission to defendant nursing home in January 1991 plaintiff's decedent's psychiatric history was summarized as follows: Mr. Hall has an extensive placement history due to conditions that appear to be associated with heavy alcohol abuse. He was first seen by GSS 12/18/88 for crisis intervention, dx [diagnosis] was unspec. [unspecified] Brain synd [syndrome] (294.9). He was disoriented x 2, memory impaired and staff reported abusive behavior to staff and peers and attempted a ULOA [unauthorized leave of absence]. There were also reports of hallucinatory behavior, ie [sic i.e.,] seeing things on his meal tray, he appeared depressed, and he reportedly engaged in public exposure. . . . [Emphasis added.] A "Social History and Assessment" form states under "Expected Med-Social problems," medical history and current diagnosis: "seizure disorder, dementia Hx [history]." Nursing care notes dated January 26, 1991 state that decedent "[g]ets agitated whenever he does not get things his own way." Under "Reviewer Comments" a form dated February 16, 1991 states: "a behavior management problem and hallucinatory or delusional behaviors were observed at the time of the evaluation." A psychiatric evaluation performed in March 1991 states that decedent had "a long history of Alcoholism, depression, and repeated Psychotic episodes," and "[t]his male patient needs to be monitored very closely for any recurrence of any paranoid ideations or violent outburst of tempers [sic]." [Emphasis added.] A psychological consultation report dated January 31, 1992 states that decedent "denies any alcohol use and he knows that he can't drink with his medication," further stating "Sid leaves the building frequently in order to go to nearby stores. It's possible for him to obtain alcohol & charge staff should pay closer attention to his behaviors upon return from stores and be alert to the smell of alcohol around him." Progress notes dated February 1, 1992 state that decedent entered the employee break room where employees were talking and walked up to one of them, an employee named Patrick, and started choking him, and that decedent was "very upset stating Patrick had lied about his drinking beer and that he was going to kill someone." [Emphasis added.] A social service note dated April 7, 1992 states that plaintiff sent a letter stating that she was applying for a guardianship and that she did not want decedent to leave the nursing home unless with a nurse or family member. Progress Notes dated August 26, 1993 stated that decedent "does have brief periods of disorientation." Social service progress notes dated November 1, 1994 state that decedent had occasional periods of confusion, and a diagnosis that included dementia. Nursing care notes dated December 2 and December 17, 1994 state that decedent had suffered petit mal seizures. Nursing care notes dated May 4, 1995 pertinent to a resident care conference regarding decedent state that decedent "[m]akes frequent trips to the store if he has money--has been observed carrying beer under his coat or sweater. Resident has a seizure disorder

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