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FREUDEMAN v. LANDING OF CANTON

No. 12-3130.

702 F.3d 318 (2012)

Dennis J. FREUDEMAN, individually and as executor for the estate of Deceased Dorothy V. Freudeman, Plaintiff-Appellee, v. The LANDING OF CANTON; Emeritus Corporation, dba Emeritus Assisted Living, dba Emeritus Senior Living, Defendants-Appellants, Wegman Companies, Inc.; Wegman Family (Canton) LLC VI, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 19, 2012.

Attorney(s) appearing for the Case

ARGUED: Keith Hansbrough, Bonezzi Switzer Murphy, Polito & Hupp Co., L.P.A., Cleveland, Ohio, for Appellants. Megan J. Frantz Oldham, Tzangas, Plakas, Mannos & Raies, Ltd., Canton, Ohio, for Appellee. ON BRIEF: Keith Hansbrough, Michelle B. Block, Bonezzi Switzer Murphy, Polito & Hupp Co., L.P.A., Cleveland, Ohio, for Appellants. Megan J. Frantz Oldham, Lee E. Plakas, Tzangas, Plakas, Mannos & Raies, Ltd., Canton, Ohio, for Appellee.

Before: McKEAGUE and GRIFFIN, Circuit Judges; DLOTT, Chief District Judge.

OPINION

McKEAGUE, Circuit Judge.

Dorothy Freudeman ("Dorothy") was a resident at The Landing of Canton ("The Landing"), an assisted living facility. She was discovered in an unresponsive state in her room and spent fifteen months in a semi-comatose state before dying. Her son, Dennis Freudeman ("Freudeman"), sued The Landing for negligence, violating Ohio's Patients' Bill of Rights, wrongful death, and punitive damages. He alleged that staff at The Landing...

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