Montana Judge Dumps Filial Responsibility Lawsuit

In a recent post, a poorly-reasoned Pennsylvania Superior Court case was discussed.  That case is HCR v. Pittas, in which the court stretched the Commonwealth’s filial responsibility statute to impose liability for a mother’s nursing care on a son under circumstances that the statute should not cover.  A Montana judge rendered a decision on July 2, 2013 that is much more appropriate.  In Heritage Place, Inc. v. Jerrell, Cause No. DV-11-430(D) (11th District Mont. July 2, 2013), Hon. David M. Ortley held that a nursing home could not impose personal liability on a son for his mother’s nursing care bill under either a common-law filial responsibility basis or an oral personal guarantee.  He observed that both state and federal law prohibit a nursing home from demanding a third-party guarantee with regard to a resident’s nursing care expense.  Thank you Judge Ortley.


John B. Payne, Attorney
Garrison LawHouse, PC
Dearborn, Michigan 313.563.4900
Pittsburgh, Pennsylvania 800.220.7200
©2013 John B. Payne, Attorney

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