LaFave v. Northern Lakes Community Mental Health Association, et al Case No. 22-36138-NO (13th Circuit Court for the County of Grand Traverse)
Plaintiff was the guardian of a developmentally disabled individual who was hospitalized following an acute medical event suffered at his group home. It was alleged that Defendants acted with gross negligence by not timely placing the disabled individual at an appropriate facility after the hospital was ready to discharge him. As a result of their extensive review of medical records and other client documentation, RSJA was able to “demonstrate that the named Defendants acted reasonably given the facts of the case.” Based on the evidence cited in Defendants’ motion to dismiss in lieu of an answer, the Court found no reasonable trier of fact could conclude that the individuals acted with gross negligence or that their conduct was the proximate cause of injury. RSJA also successfully argued that Plaintiff failed to plead in avoidance of governmental immunity as to the Community Mental Health Authority. Ultimately, all claims were dismissed by the Court with no appeal filed.