Hammack v. Lutheran Social Services

Defendants appeal as of right a judgment based upon a jury verdict awarding plaintiff $1 million on claims of breach of contract and negligence. We affirm.

On August 12, 1986, plaintiffs decedent, Jerry Hammack, a thirty-year-old mildly retarded, seizure-prone, developmental^ disabled man living in the Tracey Augustana Home (Home), died while bathing. Plaintiff alleged that Hammack drowned after having a seizure in the tub and that his death could have been prevented if defendant Veronica Keenan, an employee of the Home, had suitably monitored Mr. Hammack while he bathed. Pursuant to a…