In short: In Life Care Centers of America v. Estate of Greedan (5th DCA, July 16, 2019), a resident of an Ocala nursing home died after a perforation, and her estate sued. According to the case description, the trial court ordered a new trial because the jury was not given a concurring-cause instruction, given her heart disease, COPD and obesity. The Fifth DCA affirmed without opinion.
What the Record and Arguments Showed
The appellants were Life Care Centers of America entities doing business as Life Care Center of Ocala. The appellee was the Estate of Ruth Ann Greedan, through her daughter, Vickie Harrold, as personal representative.
According to the video descriptions, Ms. Greedan died after a gastrointestinal perforation while a resident.
The descriptions report that the nursing home challenged an order granting a new trial, entered because the jury was not instructed on concurring cause even though she had pre-existing COPD, heart disease and obesity.
Those details come from the descriptions, not a written opinion. The channel has more than one upload of this argument.
The Decision
The Fifth District Court of Appeal affirmed with a one-word per curiam opinion (Case No. 5D18-2566, July 16, 2019).
A PCA means no reversible error was found and no reasons were given. It sets no precedent.
The Law
Florida’s standard civil jury instructions include a concurring-cause instruction: a defendant’s negligence can be a legal cause even if another cause, including a pre-existing condition, also contributed. Trial courts have broad discretion to grant a new trial when an instruction error may have misled the jury.
Nursing home claims arise under chapter 400 and, after death, the Wrongful Death Act, §§ 768.16–768.26, brought by the personal representative.
Lessons
- Frail residents with serious conditions can still recover when facility negligence contributes to death.
- Jury instructions on causation can decide these cases.
- Orders granting a new trial are hard to overturn on appeal.
- Personal representatives should preserve medical and facility records early.
Watch the Oral Argument
This is the recording of the oral argument. Because the decision is a PCA, the arguments are context, not the court’s reasoning. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Concurring Cause Instruction: Pre-Existing Conditions and Death at a Nursing Home | Life Care Centers v. Estate of Greedan, 5D18-2566
Go Deeper
- A Daughter Became Her Mother’s Caregiver, and Was Convicted of Neglect (Sieniarecki v. State)
- When an Elderly Victim Dies Before Trial: The Elderly-Person Hearsay Exception (Conner v. State)
- Punitive Damages Against a Nursing Home Need Real Evidence First (Carpenters Home Estates v. Sanders)
Frequently Asked Questions
Can an estate recover if a nursing home resident had serious health problems?
Yes, if the facility’s negligence contributed to the injury or death; pre-existing conditions do not automatically defeat the claim.
What is a concurring-cause instruction?
A jury instruction explaining that negligence can be a legal cause even when another cause also contributed.
Who brings a nursing home wrongful death claim?
The personal representative of the estate.
What does a PCA mean?
The appellate court affirmed without explanation; it sets no precedent.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
