ORLANDO HUB – QPWB attorneys Robin Khanal and Heather Falcon achieved a significant victory, securing a complete defense verdict for a continuing care facility in a complex breach of contract and statutory violation lawsuit. The ruling underscores QPWB's expertise in navigating intricate healthcare litigation and its ability to successfully defend clients against challenging claims, even in areas with limited legal precedent.

Overview of the Case

The Plaintiff, a long-term resident of the Defendant's continuing care retirement community (CCRC), initiated legal action following a 45-day notice to vacate for violations of the community's code of conduct. The lawsuit asserted four counts against the facility: breach of contract, breach of implied-in-fact contract, violation of Florida Statute Chapter 651 (governing continuing care contracts), and a claim for declaratory relief. The Plaintiff contended that the attempt to terminate the lifetime care contract itself constituted a breach and disputed the validity of the facility's determination that their behavior warranted eviction. The Plaintiff further argued that the facility failed to conduct a "good faith investigation" and lacked "just cause" for termination under Florida Statute Chapter 651.

QPWB mounted a robust defense, arguing that the facility meticulously adhered to the terms of the contract and complied with all relevant statutory requirements. The defense team strategically presented evidence demonstrating the facility's good faith determination in issuing the notice and effectively countered the Plaintiff's claims of breach and statutory violation.

Key Difference-Makers

• Robin Khanal – Managing Partner
• Heather Falcon - Associate

Administrative Support:

• Dennis Tegethoff – Paralegal 

Claims Made Against Our Client

The Plaintiff alleged that the Defendant facility:

• Breached the lifetime continuing care contract by attempting to terminate it.
• Breached an implied-in-fact contract through their actions.
• Violated Florida Statute Chapter 651 by lacking "just cause" and failing to conduct a "good faith investigation" regarding the alleged code of conduct violation.
• Was subject to declaratory relief regarding the contractual dispute.

The Plaintiff argued that because several other residents were not afraid of him, the facility lacked grounds to terminate the contract based on the assertion that he was not a danger to others.

Defense Strategy

QPWB's defense strategy focused on demonstrating the facility's adherence to both the contractual language and the requirements of Florida Statute Chapter 651. Key elements of the approach included:

• Emphasizing the Plaintiff's Burden of Proof: The defense consistently underscored that the Plaintiff carried the burden of proving each of their claims with sufficient evidence.
• Showcasing Proper Investigation and Compliance: The defense meticulously presented evidence detailing the facility's thorough investigation into the alleged conduct and its adherence to the statutory guidelines for termination.
• Leveraging Fundamental Legal Principles: Recognizing the absence of specific case law on point regarding termination for conduct under Chapter 651, the defense strategically relied on well-established principles of statutory interpretation and contract law doctrines.
• Prioritizing Witness Comfort: Given the advanced age of the parties involved (all in their 90s), the defense team took extra measures to ensure the comfort and understanding of witnesses during depositions and trial, including in-person meetings and providing support during court appearances.

Impact on Final Outcome

Following a two-day non-jury trial and the submission of closing argument briefs, the Court issued a Final Judgment completely in favor of the defense. This decisive victory resulted in the dismissal of the Plaintiff's claims and the absolution of the continuing care facility from any liability.

Unique Aspect of the Case

Two unique aspects significantly shaped the defense's approach:

The advanced age of the parties required a high degree of sensitivity, respect, and tailored accommodations for coordinating legal proceedings involving individuals in their 90s. Additionally, the lack of on-point case law for the statute at issue (Fla. Stat. Chapter 651) relating to the termination of a continuing care contract for a resident's conduct meant that the defense team had to attack the claims through well-established principles of statutory interpretation and contract law doctrines.

Predicting the Future

This significant win provides crucial support for continuing care retirement communities operating under Florida Statute Chapter 651. By successfully defending the facility's actions based on sound contractual interpretation and statutory compliance, QPWB has contributed to strengthening the body of case law in this area. This victory will serve as a valuable precedent for future clients QPWB represents in similar legal proceedings, demonstrating the firm's ability to navigate complex and novel legal challenges within the long-term care sector and achieve favorable outcomes.

Key Actions in This Case

• Thorough Investigation and Evidence Gathering: Meticulously collected and presented evidence demonstrating the facility's proper procedures and the Plaintiff's conduct.
• Strategic Application of Legal Principles: Effectively utilized fundamental principles of statutory interpretation and contract law to address the lack of specific case precedent.
• Compelling Closing Argument: The closing argument brief expertly synthesized the evidence and legal arguments, highlighting the Plaintiff's failure to meet their burden of proof.
• Client-Focused Approach: Prioritized the well-being and comfort of elderly witnesses throughout the legal process.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is the largest minority and women-owned law firm in the nation. With a national presence of 48 offices and a comprehensive scope of over 100 practice areas, QPWB delivers expert legal representation in litigation, regulatory, and corporate matters to a diverse range of industries.