Podolsky

Podolsky v. First Healthcare Corp.

Good Law
1996 Cal. App. LEXIS 1007·50 Cal. App. 4th 632·58 Cal. Rptr. 2d 89·96 Daily Journal DAR 13126·96 Cal. Daily Op. Serv. 7942
Court of Appeal of CaliforniaOctober 29, 1996B091046California8,953 words

Opinion

Opinion

Perez, J.

Plaintiffs Shirley Podolsky, Hyman Podolsky through his attorney in fact Shirley Podolsky, and Darlene Brozovich, on behalf of themselves and the general public, appeal from the summary judgment granted for defendant First Healthcare Corporation and the denial of their summary judgment motion. For the reasons set forth below, we reverse the summary judgment and remand for further proceedings.

Facts and Procedural History

Defendant and respondent First Healthcare Corporation (FHC or respondent) is licensed by the State of California to run a chain of 42 nursing homes for the elderly throughout the state. Plaintiff and appellant Shirley Podolsky is the widow of plaintiff and appellant Hyman Podolsky. Hyman had lived in a nursing home since 1987 and was admitted to a Kaiser Permanente Hospital in July 1991 with pneumonia. Near the end of his two-week stay at Kaiser, Shirley Podolsky learned that her husband’s nursing home would not take him back since he could no longer walk. After some searching, Shirley was able to find a nursing home with an available bed, the Hillhaven Healthcare Center in Van Nuys, which is owned by FHC.

Hyman Podolsky was taken from Kaiser to…

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