In the Court of Appeal of the State of California, Second Appellate District, Division Two, Jonie A. Holland and Wayne D. Womack filed a lawsuit against Silverscreen Healthcare, Inc., d/b/a Asistencia Villa Rehabilitation and Care Center. The case ID is B323237 (Los Angeles County Super. Ct. No. 22STCV01945), and the appeal was filed on April 16, 2024.
The plaintiffs, represented by Steven C. Peck and Adam J. Peck from Peck Law Group, allege that their son Skyler A. Womack suffered multiple falls and infections leading to his death while under the care of Asistencia Villa Rehabilitation and Care Center. They claim dependent adult abuse, negligence, violation of residents' rights, and wrongful death against the defendant.
The plaintiffs are seeking judgment for damages related to dependent adult abuse, negligence causing injury or death, violation of residents' rights under statutory causes of action including California Welfare and Institutions Code sections, as well as compensation for their loss due to Skyler's untimely demise.
The defense team, which includes includes Tracy D. Forbath, Kathleen M. Walker, and Raymond K. Wilson Jr., from Lewis Brisbois Bisgaard & Smith was motion to compel arbitration for survivor claims but denied it for the wrongful death claim on the grounds that the parents did not have an enforceable arbitration agreement with Asistencia. However, upon appeal, Justices Ashmann-Gerst, Chavez and Hoffstadt determined that under Ruiz v. Podolsky (2010) 50 Cal.4th 838 and Code of Civil Procedure section 1295, the wrongful death claim must also go to arbitration.