Simla nursing home faces civil suit after resident dies in ditch
SIMLA, Colo. (KRDO) -- A 74-year-old woman's final moments came as her motorized wheelchair rolled over into a ditch, trapping her in water -- now, the home where she resided is facing tough questions on who's reponsible.
The Good Samaritan Society Nursing Home in Simla and the home's administrator face allegations of negligence, wrongful death, and violating the consumer protection act after Bonnie Shilling died under their care.
Shilling lived in the facility for six years before her death, having been placed there due to a stroke that left her right side severely compromised, and her speech slurred.
She died in April of 2019, after tipping her motorized wheelchair along Highway 24 in Simla, and landing in a ditch. It was an accident that never should have happened, according to the Shilling Family attorney.
According to the complaint, Shilling was assessed and authorized to use a motorized wheelchair in the nursing home facility, but was known to "wander" with it outside several times a week -- even though she was not cleared to do so, and without supervision.
"This incident could have been prevented," said Brent Moss, who along with the McDivitt Law Firm, is representing the Shilling Family. "I think it's particularly egregious when you watch the video, but then you realize that day after day after day she was allowed to roam outside freely with no supervision. That's particularly troubling to me and to the family."
Video from a nearby surveillance camera captured that fateful fall. It appears as though Shilling caught a wheel, and then tumbled into the ditch.
The fall broke both femurs. She aspirated the ditch water.
She would die from her injuries the next day in a Colorado Springs hospital.
The complaint alleges that the facility did not know where Ms. Shilling was for 58 minutes, and only then were made aware after a neighborhood child ran inside Good Samaritan and notified workers.
Good Samaritan denies the charges, and provided this statement to KRDO:
"The health and well-being of our residents and staff is our top priority at all Good Samaritan Society locations. We are unable to comment on this specific case at this time due to privacy considerations."
- Nate Schema, Good Samaritan Society vice president of operations
Colorado's cap on damages is $300,000. Even if the facility and its administrator are found guilty by a jury, the family cannot be awarded more than the cap.
