San Mateo, CA - The Redwood City nursing home accused of allowing the near-fatal scalding of a mentally disabled woman is scheduled to square off with the county this fall but it and its employees are fighting the legal merits of the suit. Res-Care and the employees named in the lawsuit have filed a motion known as a demurrer which attacks the sufficiency of the claim without addressing the actual allegations. If a judge grants the demurrer, the lawsuit can be tossed despite any truth to the facts of the case. In the suit against Res-Care, a judge could find that the company is not responsible for the actions of the single employee who injured the disabled client or that San Mateo County — which acts as the woman’s guardian — suffered any injury by the incident.
January 28, 2007