Hill v. Fairfield Nursing and Rehabilitation Center, LLC, [Ms. 1090549, Oct. 19, 2012] __ So. 3d __(Ala. 2012). Myrtis Hill fell
and broke her leg at Fairfield Nursing Home while being helped from her
bed by a certified nursing assistant. Fairfield argued that Hill's
expert, a registered nurse, was not a similarly situated health care provider,
because Fairfield used a physical therapist to determine the level of
assistance to be given to residents when they are moved. The Court disagreed,
holding that the certified nursing assistant was providing nursing care,
so the standard of care was that of a nurse. Fairfield next argued that
Hill did not present sufficient expert evidence of causation, because
her orthopedic-surgeon witness testified that the "fracture pattern
is very much consistent with" Hill's description of her fall.
The Court again disagreed, holding that the surgeon's testimony, viewed
as a whole, was that, more probably than not, the fracture was caused
by the fall, not by an osteoporosis-induced break before the fall. Perhaps
the most significant aspect of this opinion is the ruling that the various
entities with ownership interests should not have been granted summary
judgments. Two individuals owned two LLCs, which in turn owned subsidiary
LLCs. After a long discussion of pertinent law, and a recitation of Hill's
"extensive evidentiary submission," the Court held: "We
cannot help but conclude that there exists a genuine issue of material
fact as to whether the defendants operated as a single business enterprise
as to which Fairfield was an alter ego." The Court reversed the judgment
as to all defendants.
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