Kathleen Lane has filed a negligence and elder abuse complaint against Carescope, LLC and its employee Robin Bell in the Superior Court of California, County of Sacramento on May 17, 2024. The plaintiff, Kathleen Lane, alleges that she suffered significant injuries due to the defendants' failure to provide adequate care.
According to the complaint, Lane, a 99-year-old resident of Sacramento County, had been receiving six hours of daily in-home care services from Carescope employees since 2018. On April 10, 2024, while under the care of Robin Bell, an employee of Carescope, Lane fell and sustained severe injuries including a type 2 odontoid fracture to her C2 vertebrae and a nasal bone fracture. The incident occurred when Bell allegedly failed to assist Lane properly as she walked up her driveway after a neighborhood walk. Instead of staying close by for support, Bell stopped to converse with a neighbor without informing Lane. As a result, Lane lost her balance and fell face-first onto the driveway.
The complaint details that following the fall, Bell did not check on or assist Lane but instead refused to call emergency services despite requests from both Lane and her neighbors. Eventually, neighbors called 911 and paramedics transported Lane to Kaiser Permanente South Sacramento's emergency department where she remained for approximately 48 hours. Due to her injuries, which required wearing a cervical collar possibly for life and increased dependency on others for daily activities, Lane was admitted first to a skilled nursing facility and later to a residential care facility for continuous supervision.
Lane’s attorneys argue that Carescope is vicariously liable for Bell’s actions under the doctrine of respondeat superior since Bell was acting within the scope of her employment during the incident. They assert that both Carescope and Bell breached their duty of care by failing to prevent falls—a risk well-known to them given their extensive experience providing home care services—and by neglecting their responsibilities after the fall occurred.
The lawsuit accuses Carescope and Bell of negligence (Code of Civil Procedure §377.60) and elder abuse (Welfare & Institutions Code §15600 et seq.). It highlights that elders are particularly vulnerable due to physical impairments that place them in dependent positions requiring diligent care from caregivers. The plaintiff claims that Carescope continued employing Bell despite prior knowledge of her unfitness as an employee; citing an earlier incident where another client suffered similar injuries under Bell’s care.
Kathleen Lane seeks general damages according to proof against all defendants for pain and suffering endured due to their alleged negligence. She also demands special damages covering medical expenses incurred as a result of her injuries along with attorney fees and punitive damages aimed at penalizing the defendants’ conduct. Additionally, she requests pre-judgment and post-judgment interest as per legal provisions.
Representing Kathleen Lane are attorneys Reza Sobati and Suzanne M. Voas from Lanzone Morgan LLP. The case is being overseen by Judge Gordon D. Schaber at the Superior Court of California in Sacramento under Case No.: 24 O09 6 G6.