Swanson v. Consumer Direct

In 2009, Atkins-Swanson applied and qualified for participation in the Self-Directed Personal Assistance Service Program, a government-sponsored program that allowed Atkins-Swanson to direct health-related tasks. Consumer Direct was Atkins-Swanson’s provider agency and provided administrative services to Atkins-Swanson during the course of her participation in the program. In 2013, Atkins-Swanson succumbed to a fatal overdose of buspirone. Lee Swanson, on his own behalf and on behalf of Atkins-Swanson’s estate, filed this action against Consumer Direct, alleging wrongful death, survivorship, and breach of contract. The district court granted summary judgment for Consumer Direct, concluding that Consumer Direct was statutorily immune from liability because it was not directing the personal-care services. The Supreme Court affirmed, holding that the district court correctly granted Consumer Direct’s motion for summary judgment and did not err by denying Swanson’s motion to alter or amend the judgment on the ground that the claims were foreclosed under Mont. Code Ann. 53-6-145. View "Swanson v. Consumer Direct" on Justia Law