Lawsuit Alleges Negligence in Death of 79 Year-Old in Nursing Home Fire

FOR IMMEDIATE RELEASE

CONTACT:   
Jose A. Aguayo or Julio Garcia
David & Garcia PR
Phone: 305-255-0035
Email: jose@davidgarciapr.com

        MIAMI, Fla. (January 4, 2007) – For Charles Labastilla, the case is simple: The nursing home that was supposed to care for his mother, in fact, contributed to her death. In a lawsuit filed recently in Miami-Dade County Circuit Court, the K&K Adult Care Center located at 17205 NW 87th Avenue in Hialeah is being accused of negligence in the death of Graciela Labastilla, 79.

         Filed on behalf of Mr. Labastilla, the lawsuit stems from a fire at the assisted living facility that was started by one of its residents during the early morning hours of October 1, 2005, engulfing the building and sending Ms. Labastilla to the hospital suffering from smoke inhalation and other related medical problems. She died two days later while still hospitalized.

         According to the suit, the K&K Adult Center failed in its obligation to prevent Pedro Sanchez, the resident who started the fire, from having access to either a lighter and/or matches. Sanchez was known to start fires and was considered a danger to both himself and the other residents. The suit also claims that at the time of the fire, the facility’s windows remained improperly covered by metal hurricane shutters that prevented smoke ventilation, allowed the fire to intensify and hindered the rescue efforts of first responders.

         Additionally, the suit also claims that the center failed to abide by the capacity limit allowed by its license. The center was limited to six residents, but at the time of the fire it had eight residents. “The fire that took the life of Ms. Labastilla was a horrific tragedy,” said Hector Lombana of Coral Gables-based Gamba & Lombana, the attorneys for the plaintiff. “The signs indicate that it could have been prevented had the center taken the proper precautions, and we look forward to helping Mr. Labastilla to see that justice is ultimately served for the center’s blatant negligence.”

        Gamba & Lombana is a Coral Gables-based firm comprised of highly experienced trial lawyers who focus on litigation matters. Each of the firm’s partners has more than 25 years of experience in trying and winning cases in South Florida courts in personal injury, insurance law, medical malpractice and wrongful death matters.

        Additional information on the firm is available at www.gambalombana.com or by calling (305) 448-4010.

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