Fatal Wandering Incident Leads To Wrongful Death Lawsuit

In the August 3, 2016 post (“Elopement Incident Leads To Death Of Nursing Home Resident“) an elopement (frequently referred to as “wandering”) incident that happened in South Carolina was discussed.  This incident led to the subsequent death of the nursing home resident.

There have been other incidents involving elopement that have led to the death of nursing home residents as well as those in other long-term care facilities, such as assisted living facilities.

One such incident happened in Minnesota.  This incident happened in July 2013 when a resident (Dale Gerard) disappeared (i.e. wandered from) from an assisted living facility in Duluth.  Gerard was said to have dementia as well as other mental and physical disabilities.

The fatality – and subsequent wrongful death lawsuit – is discussed in a number of media sources.  These sources include the February 4, 2016 McKnight’s Senior Living article titled “Assisted living community sued for resident disappearance, death” as well as the February 2, 2016 Duluth News Tribune article titled “Duluth care facility sued in resident’s 2013 disappearance, death” and the February 3 fox21online.com article titled “Lawsuit filed against Duluth Assisted Living Facility after Resident’s Death.”

As seen in the accounts of the incident, the resident did have an ankle bracelet, which was supposed to notify facility staff if she left the facility.  However, as claimed in the lawsuit, not all of the doors were equipped with the proper technology.  As well, the resident may have learned how to disable the ankle bracelet.

An excerpt from the Duluth News Tribune article concerning the wrongful death lawsuit:

The wrongful death suit, served this week on Wesley Residence and parent company At Home Living Facilities, claims that the care provider was negligent in failing to adequately secure the building and allowing her to leave unattended, violating established care policies.

Additional details concerning this fatal elopement incident and the wrongful death lawsuit can be seen in various media sources, including those sources mentioned above.


Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Joseph Law Group to discuss the situation and to see what legal remedies may exist.

Elman Joseph Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Joseph Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Joseph Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Joseph Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.