Wrongful Death Lawsuit Ensues After Nursing Home Patient Is Struck By A Freight Train

The family of a deceased nursing home patient has filed a wrongful death lawsuit against Hunter Acres Caring Center and other affiliated entities.  The lawsuit comes after a March 18, 2010 incident in which the patient wandered from the Missouri nursing home onto the nearby train track where she was struck and killed by a freight train.

Wandering tragedies such as this are more common than many would like to believe. Many nursing home patients, particularly those suffering from dementia or Alzheimer’s, may have a tendency to wander or elope from facilities.

Nursing Home Patient Is Struck By A Freight TrainConsequently, nursing homes should identify those patients who are at risk for wandering and implement necessary safeguards to assure their safety.  Common wandering safeguards include:

  • Installing door alarms
  • Re-directing patients who have a tendency to wander
  • Using lock and other restrictive devices for patients who have a history of wandering
  • Adequately staffing facilities so staff can properly keep tabs on patients whereabouts

My colleague David Terry is representing the family in this matter and I am extremely confident that David will get to the heart of the facilities errors as discovery in the lawsuits progresses.

For additional information view our Missouri nursing home law page.


Keith Kinder v. Hunter Acres Caring Center, Inc. (PDF)

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric