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COMMONWEALTH v. LIFE CARE CENTERS OF AMERICA, INC.

SJC-10546

456 Mass. 826 (2010)

COMMONWEALTH v. LIFE CARE CENTERS OF AMERICA, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

May 19, 2010.

Attorney(s) appearing for the Case

Don Howarth, of California (Suzelle M. Smith, of California, R. Matthew Rickman, & Alathea E. Porter with him) for the defendant.

Randall E. Ravitz, Assistant Attorney General, for the Commonwealth.

The following submitted briefs for amici curiae:

Kelly Bagby & Michael Schuster, of the District of Columbia, for AARP & others.

Scott Harshbarger & Amy Crafts for Massachusetts Senior Care Association & another.

Ben Robbins & Martin J. Newhouse for New England Legal Foundation & others.

Harold J. Bressler & Ila S. Rothschild, of Illinois, & Marc C. Laredo for The Joint Commission.

Max D. Stern & Alexandra H. Deal for Massachusetts Association of 766 Approved Private Schools.

John J. Barter for Professional Liability Foundation, Ltd.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

COWIN, J.

A resident of the Life Care Center of Acton nursing home (nursing home), a long-term care facility, died in 2004 from injuries sustained when she fell down the front stairs while attempting to leave the facility in her wheelchair. The resident was able to leave the facility because she was not wearing a prescribed security bracelet that both set off an alarm and temporarily locked the front doors if the resident approached within a certain distance of those...

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