Lisa Lombardo and her co-plaintiffs have taken legal action against a nursing facility, alleging negligence and wrongful death in the care of their deceased relative. The complaint was filed by Lisa Lombardo, Daniel Bates, and James Bates in the Superior Court of Sacramento County on December 15, 2022, against Gramercy Court. The plaintiffs claim that Elizabeth Stein suffered due to inadequate care at the defendant's facility, leading to her untimely death.
The case revolves around an arbitration agreement signed by Lombardo on behalf of Stein, which Gramercy Court argues should compel arbitration rather than court proceedings. However, the trial court denied this petition, stating that Lombardo did not have the authority under Stein’s durable power of attorney to sign such agreements. The plaintiffs allege that during Stein's stay at Gramercy Court's skilled nursing facility, she developed severe bedsores due to neglectful care. This lack of attention led to her return to the hospital where she passed away shortly after.
Gramercy Court contends that Lombardo had both actual and ostensible authority based on Stein’s durable power of attorney to enter into an arbitration agreement with them. They argue that this agreement should apply not only to Stein’s claims but also bind her heirs individually. Despite these assertions, the court found no evidence supporting Gramercy's claims about Lombardo's authority or any conduct by Stein indicating such authorization.
The plaintiffs are seeking relief from the court for damages associated with wrongful death, negligence, elder abuse, and gross negligence against Gramercy Court. They aim for a judgment that holds the defendant accountable for their alleged failures in providing adequate care for Elizabeth Stein.
The case is being handled by Judge Richard K. Sueyoshi in Sacramento County with representation from Lewis Brisbois Bisgaard & Smith for Gramercy Court and Cianchetta & Associates for Lisa Lombardo and co-plaintiffs. The case ID is C098857.