The woman who was allegedly killed in an automobile accident in California is suing her former employer and its chief executive officer for wrongful death and damages, the Los Angeles Times reports.
The lawsuit filed by Barbara McQueen and her attorney, Mark Zaleski, claims that McQueen was working as a housekeeper at a Los Angeles nursing home when she was killed in January 2011.
According to the suit, McQueen had just finished working as an administrator at the Los Feliz Nursing Home in January, and had been working part-time for the home for the previous three years.
But the suit says that after McQueen left the nursing home in February 2011, Zalesky, her boss, and another employee of the home filed a wrongful-death lawsuit against the nursing homes company and its former chief executive, Christopher A. Raucci.
The suit alleges that Raucsi, who was a former employee of one of the nursing houses, had falsified medical records and falsely claimed McQueen’s death was caused by a lack of oxygen.
In its response to the wrongful-died-suit suit, Raucersi denied any wrongdoing and said he was a victim of a false accusation.
According a statement provided to the Times by Raucesi, “I have been accused of doing nothing wrong and have no reason to doubt the accuracy of my own medical records.”
McQueen, who worked at the nursing facilities nursing home from 2003 to 2010, was found unresponsive on Jan. 23, 2011, after she fell asleep on a couch in the home’s office, according to the lawsuit.
She died three days later.
McQueen did not have any prior criminal history, and was a mother of three.
She had been receiving care at the home since February 2011.
The Los Angeles County coroner’s office has since ruled McQueen died of natural causes, but McQueen is seeking $75 million in damages.
McQueens death has prompted the California Labor Commission to investigate whether the law prohibiting workplace injuries is still relevant.
Zalesks lawyer, Mark O’Sullivan, told the Times that Raccocsi had denied any responsibility for McQueens death.
Zacks attorney, Joe Haggart, said he had never heard of a wrongful verdict lawsuit in California.
“It is unusual for the Labor Commission, which is supposed to be an impartial agency, to be looking into this,” he said.
Zoteski told the Los Angles Times that he was not aware of any previous wrongful-jury cases in California, and that McQueys death had been handled by the department.
McRoberts death has led to calls for the law to be repealed and for more protections for employees and their families.
A number of lawsuits have been filed against the California Nursing Home Association, including one against its executive director, Mark R. Henshaw, who is now the company’s president.
In a statement to the Los Angeles Times, Henshaws attorney, Michael J. Schiavello, said the law should be repealed because it is based on false allegations and is not based on evidence.
Haggarts claims that a wrongful conviction in the case against Raccoci has caused an unjustified financial loss.
Hagges claims that Raucsi is also guilty of failing to protect McQueen.
“Raccoci was the person who allowed this to happen and should have immediately called the police,” he told the LA Times.