Noelle Sheehan (Partner-Orlando) and Kathy Arline (Associate-Orlando) obtained a dismissal with prejudice from the Fifth Judicial Circuit, Sumter County, FL, in a wrongful death lawsuit against Wilson Elser's clients, an assisted living facility (ALF), its administrator, and the facility's operations, management and ownership entities. The 60-page complaint alleges wrongful death, breach of fiduciary duty, and aiding and abetting the breach of fiduciary duty involving an ALF resident allegedly injured and ultimately succumbing to her injuries following an altercation instigated by another resident. The plaintiff attempted to amend the complaint five times, but the court granted each of Noelle and Kathy's motions to dismiss, with their final motion to dismiss granted with prejudice. The plaintiff's counsel subsequently filed a motion for reconsideration, which Wilson Elser opposed. The court denied the motion for reconsideration and entered a final judgment in favor of our clients.
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