Lawsuit over nursing home death disposed

GALVESTON - A 2011 lawsuit stemming from a nursing home death has been disposed.

Galveston County 10th District Court Judge David Garner approved Elaine Carrier's motion for nonsuit March 5, closing her case against Sea Breeze Nursing and Rehabilitation LP and Dr. Folasade Mofolu Ojo.

Carrier filed the two-page motion the same day.

Carrier originally filed suit against the defendants on Oct. 17, 2011, alleging negligent care resulted in the passing of her father, Willie Gamble Sr., on Oct. 13, 2009.

According to court documents, Gamble had been a patient at the Texas City facility for seven years. The defendants allegedly failed to treat Gamble for bed sores and left him malnourished.

Carrier claims she attempted to notify the staff of her father's problems to no avail since they "did not exercise ordinary care in making health-care treatment decisions regarding the decedent," the suit says.

The original petition blames Ojo for "failing to properly diagnose his injuries and preventing a lack of nourishment and bed sores from developing on the decedent."

Gamble suffered physical and emotional injuries as a result of the defendants' actions before his death, the suit says.

Court records indicate that neither defendant offered an original answer to the allegations.

Case No. 11-cv-1632