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One community representative, according to the complaint, told a tester that the community was in the process of obtaining a device to communicate with a deaf resident, another said the community would look into the issue of ASL interpreters, and another said the community would research whether there were people in the building who could help with communication. Hendersons estate filed a wrongful death suit against Watermark. MORRISON MANAGEMENT SPECIALISTS, INC., Defendant. . The jury found Watermark to be negligent and awarded $5.08 million to Ms. Henderson's estate. 1738). However, since making The Watermark her new home, her entire health and demeanor have improved in ways that I didnt think possible. Plaintiffs oppose the motion, arguing that Defendants are not entitled to immunity. It was through this Chinese venture that Watermark was first connected with Keppel, about a year ago, Watermark Co-Founder and CEO David Barnes told Senior Housing News. Watermark relinquished its right to appeal and entered into a settlement. A great place to call home. Under Michigan law, in general three elements must be satisfied for collateral estoppel to apply: "(1) a question of fact essential to the judgment must have been actually litigated and determined by a valid and final judgment; (2) the same parties must have had a full and fair opportunity to litigate the issue; and (3) there must be mutuality of estoppel." Plaintiffs, representing the Estate of Anne Jean Cannon, filed this civil action against Defendants, the business entities that own and operate the Blue Bell Place senior living community where Plaintiff Anne Jean Cannon ("Cannon") lived during the events underlying this case. Their senior living company, known as The Fountains, grew to 19 communities. Everyone there has worked hard to ensure that my dad has what he needs and is safe and happy there, from the meals, the social interaction, even how his apartment looks with pictures hung on walls, etc. (Attachment 19 replaced on 3/29/2021) (md, ). Abbott v. Michigan, 474 F.3d 324, 330 (6th Cir. Watermark alleges that Morrison breached its contractual duties to Watermark by failing to safely operate and maintain the nursing home's kitchen. Assuming, for the purposes of this Opinion only, that Blue Bell Place is a covered person under the PREP Act, the issue before this Court is whether Blue Bell Place administered a covered countermeasure when it administered the experimental treatment to Cannon, since the PREP Act affords immunity only for claims caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure[.