SCRANTON – A plaintiff whose daughter passed away while residing at a sober living facility has filed a wrongful death lawsuit against that facility, believing negligent failures in its standards of care were the cause of the decedent’s death.
Cheryl LoConte (administratrix of the Estate of Amanda M. LoConte) of Lackawaxen filed suit in the Lackawanna County Court of Common Pleas on Aug. 31 versus New View Homes, Inc. and Lynn M. Fagan (individually and doing business as “Bright Futures Sober Living Homes), all of Jermyn.
According to the lawsuit, the defendants operated multiple sober living residences in Scranton, operated by New View Homes. In or about July 2015, the decedent, Amanda LoConte, contacted the defendants seeking information about these residences. Amanda had a history of addiction to heroin, morphine and alcohol.
The defendants outlined the residences’ policies of frequent and random drug testing multiple times a month and attending scheduled meetings, and before moving into one of the above-mentioned residences, Amanda received the “house rules.” Amanda moved into one of the Scranton residences on July 22, 2015, paying a monthly rent of $525.
However, the suit claims Amanda was not regularly drug-tested and not compelled to attend meetings at the residence, because they were not conducted.
“The only time that defendants, their agents, representatives, and/or employees presented at the residence was to collect the rent of those living and at no point did defendants provide any services related to the recovery of their residents, as represented to Amanda M. LoConte. Additionally, Amanda M. LoConte’s messages and phone calls to defendants and defendants’ house manager went unanswered, and defendants failed to address any concerns she had regarding the sober living residence,” the suit says.
On Sept. 4, 2015, Amanda passed away due to the combined pharmacologic effects of morphine and alcohol.
Cheryl believes the defendants were negligent in failing to provide the sober living services they represented came along with residing on the subject premises, failing to respond to Amanda’s concerns and issues about the residents, failing to ensure the following of the house rules and failure to have the safeguards in place to protect the decedent, among other failures of liability.
For counts of survival, wrongful death, violation of the Unfair Trade Practices and Consumer Protection Law and negligence per se, the plaintiff is seeking damages, jointly and severally, including punitive damages, in excess of $50,000 and in excess of the prevailing arbitration limits, plus pre-judgment interest, post-judgment interest and costs.
The plaintiff is represented by Carl J. Greco and James D. Greco of Greco Law Associates, in Scranton.
Lackawanna County Court of Common Pleas case 17-CV-4698
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org