The Timely Mission Nursing Home d/b/a Timely Mission Nursing Home and Timely Mission v. Kathy L. Arends and Patti J. Fiderlick, Individually and as Co-Executors of the Estate of Darlene Weaver

CourtCourt of Appeals of Iowa
DecidedJune 21, 2023
Docket21-1852
StatusPublished

This text of The Timely Mission Nursing Home d/b/a Timely Mission Nursing Home and Timely Mission v. Kathy L. Arends and Patti J. Fiderlick, Individually and as Co-Executors of the Estate of Darlene Weaver (The Timely Mission Nursing Home d/b/a Timely Mission Nursing Home and Timely Mission v. Kathy L. Arends and Patti J. Fiderlick, Individually and as Co-Executors of the Estate of Darlene Weaver) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The Timely Mission Nursing Home d/b/a Timely Mission Nursing Home and Timely Mission v. Kathy L. Arends and Patti J. Fiderlick, Individually and as Co-Executors of the Estate of Darlene Weaver, (iowactapp 2023).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 21-1852 Filed June 21, 2023

THE TIMELY MISSION NURSING HOME d/b/a TIMELY MISSION NURSING HOME and TIMELY MISSION, Plaintiff/Counterclaim Defendant-Appellant,

vs.

KATHY L. ARENDS and PATTI J. FIDERLICK, Individually and as Co- Executors of the ESTATE OF DARLENE WEAVER, Defendants/Counterclaim Plaintiffs-Appellees. ________________________________________________________________

Appeal from the Iowa District Court for Winnebago County, James M. Drew,

Judge.

Timely Mission appeals the district court’s admission of certain evidence as

well as jury instructions. REVERSED AND REMANDED.

Nancy J. Penner of Shuttleworth & Ingersoll, P.C., Cedar Rapids, and Troy

L. Booher (pro hac vice) of Zimmerman Booher, Salt Lake City, Utah, for appellant.

Benjamin P. Long, Pressley Henningsen, Brian Ivers, and Laura Schultes

of RSH Legal, P.C., Cedar Rapids, for appellees.

Heard en banc. 2

GREER, Judge.

The Timely Mission Nursing Home (Timely Mission) appeals the entry of a

$6,000,000 verdict against them in favor of Kathy Arends and Patti Fiderlick,

individually and as co-executors of the Estate of Darlene Weaver (collectively the

Estate). Timely Mission argues the district court wrongly admitted evidence that

was hearsay, unfairly prejudicial, and of prior bad acts; it also challenges the

admission of state documents with findings of abuse. Finally, it challenges certain

jury instructions it believes were not supported by the evidence. Because we find

inadmissible evidence was admitted, we reverse and remand for a new trial.

I. Background Facts and Prior Proceedings.

Darlene Weaver moved into Timely Mission in July 2015 for nursing and

memory care; among other things, she lived with dementia and Parkinson’s

disease and had a history of falling. When Weaver arrived at Timely Mission, a

comprehensive assessment was done. This tool is meant to provide a full picture

of the individual for appropriate care to be provided. Based on that tool, Timely

Mission completed a fall assessment which was periodically updated. When

Weaver first arrived, she had recently sustained a hip fracture and was designated

a one-person assist, meaning she needed someone with her to help get her to the

restroom or walk down the hall. But after six months, she was determined an

independent ambulator and not a high fall risk.

In April 2017, while moving between her bed and the restroom, Weaver fell.

According to Timely Mission’s charting, she suffered no serious injury. No changes

were made to Weaver’s fall assessment. Then, in June of 2017, Weaver fell again 3

while moving between her bed and the restroom and fractured her left hip and

shoulder. Less than a week later, she died of complications from the June fall.

Timely Mission filed a claim in Weaver’s probate action for unpaid charges.1

Then the Estate filed suit against Timely Mission in November 2017; the cases

were consolidated, and the Estate eventually paid the remaining balance, leaving

only the Estate’s claims that Timely Mission’s negligence, gross negligence, or

recklessness caused Weaver’s wrongful death; Timely Mission breached its

contract with Weaver by failing to provide care commensurate with her needs; and

dependent adult abuse. Additionally, Weaver’s children claimed loss of

consortium. The Estate sought punitive damages.

Along with allegations about Timely Mission’s fall assessment of Weaver

and fall-prevention measures, the Estate’s argument focused on alleged abuse of

Weaver and its impact on her health and willingness to ask for help. This

specifically concerned one certified nursing assistant (CNA) at Timely Mission,

Melanie Blakesley. Days before the fall, Arends called Timely Mission; the

employee who took the call summarized in a note, entered as an exhibit at trial,

that Arends did not want Blakesley caring for Weaver because, when Weaver had

asked Blakesley for help, Blakesley had told Weaver to “help herself” because “she

couldn’t be [there] all of the time.” The employee who took the call spoke with

Weaver, who confirmed this concern. The Estate planned to elicit testimony that

fear of staff at a nursing home can prevent residents from asking for help. They

also presented witnesses, namely other CNAs or Timely Mission staff who had

1 The bill was eventually paid in full in the midst of trial. 4

worked with Blakesley, who would testify they saw Blakesley physically and

verbally abuse other residents. The Estate also planned to include documents

from the Iowa Department of Inspections and Appeals (IDIA) that contained

allegations of, investigations into, and findings of abuse at Timely Mission—some,

but not all, involved Weaver as the victim.2

Ahead of trial, Timely Mission filed several motions in limine. One asked

the district court to exclude evidence of complaints made to the IDIA that both did

and did not involve Weaver. In another, it asked the district court to limit evidence

about Blakesley’s alleged physical and verbal abuse toward other residents as

impermissible prior bad acts evidence and hearsay. A third sought to exclude

evidence that Weaver fell because of “fear of Melanie Blakesley or Ms. Weaver’s

unwillingness to call for assistance.”

The district court held a hearing on the motions and determined it would

rule on IDIA evidence as it arose during trial. Further, it ruled that any evidence of

physical abuse against Weaver was “obviously” admissible, but the admissibility

of any evidence of such abuse against another resident would be determined at

trial, so the Estate could only “refer to its contentions in a general sense” and not

discuss specifics until the court could deem such evidence was admissible. And

it overruled Timely Mission’s request to exclude evidence about Weaver’s fear of

Blakesley and its consequences.

The issue of evidence of physical abuse arose during the Estate’s opening

statement. Outside of the presence of the jury, Timely Mission asserted that the

2Though the documents do not refer to residents by name, the details provided confirmed that one of the reports concerned Weaver. 5

references to physical abuse were “incurably prejudicial” and that there was “scant

evidence—certainly not compelling evidence and not substantial—of any type of

physical abuse occurring in this case.” Realizing this would be a persistent issue,

the district court offered Timely Mission a standing objection to references to

physical abuse. Timely Mission declined, stating it would “have to watch and see.”

Several individuals who were staff at Timely Mission while Weaver was a

resident also testified. Darci Beck,3 a CNA, testified that she received word from

other residents that Blakesley was “rude” or would swear at them; she also testified

she witnessed Blakesley swearing at residents and being aggressive during

transfers.4 Melissa Brandt, a charge nurse, testified she received complaints from

other staff about Blakesley swearing at residents and being “physically rough.”

She also stated she had expressed concerns to Roberta Hagedorn, Timely

Mission’s Director of Nursing, about the staffing levels, specifically that they

needed more CNAs. Paul Armstrong, the maintenance supervisor, also testified

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