Elder Law Case Files

To add a litigation component to your Elder Law or similar course, you may wish to consider using case files developed by Donna Harkness, Director of the Elder Law Clinic at the University of Memphis Cecil C. Humphreys School of Law.

Here are summaries of the case files Prof. Harkness has written:

Estate of Bracher v. Tranquil Glen Assisted Living

This case includes a civil action brought by Mona Bracher Dietrich against Tranquil Glen Assisted Living, Inc., to recover damages for the personal injury and wrongful death of Edith Bracher, the plaintiff’s mother.

Edith Bracher suffered a broken arm allegedly as a result of participating in an experimental physical therapy program practiced by one of Tranquil Glen’s employees. Medical complications from the broken arm are alleged to have further caused the stroke that killed Ms. Bracher at the age of eight-three.

The defendant denies any liability for either the injury or the death of Edith Bracher, on grounds that the conduct of its employee was not the proximate cause of Edith Bracher’s injury and consequent death. Alternatively, if the conduct of its employee did cause injury to Ms. Bracher, the defendant is relieved from any liability by virtue of a consent to engage in this experimental program that was knowingly and voluntarily signed by Ms. Bracher. 

Wendy Carmichael, Conservator of Abigail Armistead, v. Fortune Fidelity Bank

In this elder law case, Wendy Carmichael, the plaintiff, alleges that the defendant, Fortune Fidelity Bank, unlawfully converted funds belonging to her great-aunt, Abigail Armistead, for whom she was appointed conservator. The facts involve a simple joint bank account which the great-aunt opened with her realtor, Joe Wasterland, for the purpose of cashing and depositing a large check representing proceeds from the sale of a parcel of land. The plaintiff alleges that the great-aunt either lacked capacity or was the victim of exploitation by a much younger man at the time of this transaction. This case illustrates the litigation issues involved in attempting to achieve civil redress for victims of elder financial fraud and exploitation.

State v. Cooper

This case involves a prosecution for the crimes of elder abuse and neglect. The victim, Ethan Eldermahn, who is believed to be 60 years old and has Parkinson’s disease, has been found unconscious in his motorized wheelchair in the backyard of his home.  He as suffered heatstroke and severe sunburn from overexposure, and has suspicious bruises on his arms and legs.  The defendant, Calvin Cooper, is alleged to have been the victim’s caretaker.  He has been charged with two counts of elder abuse and neglect.

If you are a law professor and are interested in a review copy of one or more of these case files, contact Ms. Jeanne Philotoff, NITA Educational Consulting Manager.