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SOUTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

Assisted Living Facility Accused of Elder Abuse Following Resident's Severe Injuries

State Court
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A shocking lawsuit has been filed against a prominent assisted living facility, alleging severe elder abuse and negligence. The complaint was submitted by Glenda Poehler on September 5, 2024, in the Ventura Superior Court against Victoria Ventura Assisted Living Community, Inc., its employee Eric Terrill, Lexington Assisted Living, and several unnamed defendants.

According to the court documents, Glenda Poehler is acting as the personal representative of the estate of John Lee Collins and as his successor-in-interest. The complaint outlines a harrowing account of neglect and mistreatment that Collins allegedly endured while residing at the assisted living facility located at 5440 Ralston St., Ventura, CA. Collins, who was over 65 years old and suffered from dementia and mobility limitations, required extensive care and supervision. The lawsuit claims that the defendants failed to provide adequate staffing and training to meet these needs, resulting in significant injuries to Collins.

The complaint alleges multiple causes of action including elder abuse pursuant to Welfare and Institutions Code §§15600 et seq., fraudulent misrepresentation, negligence, and breach of express warranty. "Defendants neglected to provide necessary care for John Lee Collins' physical and mental health needs," states the document. It details how Collins suffered a severe fall on September 5, 2022, leading to a proximal humerus fracture, shoulder dislocation, head injury, and laceration over his left eyebrow. This incident is cited as evidence of the facility's failure to deliver on its promises of specialized memory care services.

Poehler asserts that Victoria Ventura Assisted Living Community was aware of chronic understaffing issues but chose profit over resident care. The complaint accuses corporate officers and managing agents of knowingly disregarding state-issued deficiencies related to understaffing and inadequate training. "Defendants had within their power...the capacity to mandate that the facility employ adequate staff...yet intentionally failed to do so," it reads.

The plaintiffs are seeking various forms of relief from the court. They demand general damages for past and future pain and suffering experienced by Collins before his death. Additionally, they seek special damages for medical expenses incurred due to his injuries. Furthermore, they request attorney’s fees under Welfare & Institutions Code §15657(a) specifically related to the elder abuse claim. Exemplary and punitive damages are also sought under Civil Code §3294 for what they describe as willful misconduct by the defendants.

Representing Poehler is Jonathon S. Farahi from The Law Offices of Jonathon Farahi APC. The case has been assigned Case No. 2024CUPP029957 in Ventura Superior Court but specific judges have not yet been named.

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