Sister of Former Assisted Living Facility Resident Brings Suit for Fraud, Deceptive Trade Practices

The Law Offices of J.M. Reinan, P.C. represents Betty Miller, whose sister, Shirley Wolf, died from hypothermia after being locked out of her Lakewood, Colorado assisted living facility, Eaton Terrace II, for several hours in November, 2009.

The lawsuit, recently filed in Jefferson County on Ms. Miller’s behalf, contains allegations that Eaton Terrace II failed to properly monitor Ms. Wolf in order to ensure her safety; failed to sufficiently staff its facility to ensure Ms. Wolf’s safety; failed to keep Ms. Miller informed about her sister’s prior escapes and attempted escapes from the facility; and failed to implement safety precautions and oversight mechanisms to prevent Ms. Wolf from escaping and, once she had escaped, from realizing she was missing.

It is further alleged that Eaton Terrace II’s conduct following Ms. Wolf’s death was unlawful.  In particular, it is claimed that Eaton Terrace II gave conflicting accounts of what happened to investigating agencies, including the local police department and the health department, and falsified Ms. Wolf’s chart.

Ms. Miller has brought claims for violation of the Colorado Consumer Protection Act, Extreme and Outrageous Conduct, Breach of Fiduciary Duty and Fraud.