Tub-death case targets Emeritus

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The estate of a woman who died in an Emeritus Corp. assisted living facility may pursue wrongful death and medical malpractice claims without providing expert testimony, U.S. District Court Judge Dan Aaron Polster has ruled. The case involves Vincenzina Pontoni, who died in 2010 while residing at Emeritus-owned Brookside Estates in Middleburg Heights, OH. Her estate alleges that Pontoni, who required bathing assistance, was left unattended in a spa tub for over an hour, during which time she drowned. Emeritus filed an unsuccessful motion for summary judgment, arguing that the estate failed to provide “proper expert testimony” in support of medical malpractice and wrongful death claims.

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