SCOTTSDALE, AZ — The state’s top prosecutor is now part of a civil lawsuit filed by the family of a man who walked out of an assisted-living facility last summer and died in the desert.
A Maricopa County Superior Court judge has granted a request from Arizona Attorney General Kris Mayes to become a party to a lawsuit filed earlier this year by the family of Bob Pollmann.
The decision means the AG’s office becomes a formal participant in the lawsuit. The AG’s office can present evidence, cross-examine witnesses and make legal arguments related to the case.
Pollmann was an 85-year-old retired teacher who had Alzheimer’s disease, according to his family. They moved him into assisted living for his safety, first in his home state of South Dakota and later in Scottsdale to be closer to family.
He was at Brookhaven on 131st Place in Scottsdale for less than a month last summer when he left the home unsupervised. Staff didn’t notice him leaving, according to a police report. Surveillance video released by Scottsdale police shows him walking out an unlocked front door.
The Arizona Department of Public Safety issued a Silver Alert for him. But he wasn’t located.
Two days later, a neighbor found his body in a wash behind her home. He was about 800 feet from his care home, according to a police report.
“That’s when emotions ran high,” his daughter, Becky Sadler, told ABC15 in an interview last year. “Anger and disbelief, but also, you know a little bit of relief that we at least found him, and he wasn't out there alone.”
The family filed a lawsuit against the care facility earlier this year, alleging negligence.
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According to the lawsuit, it took “approximately 40 minutes” for a staffer to notice he was missing and call 911.
“So the fact that they went 40 minutes before even noticing he’s gone just compounds the tragedy,” said Bob Boatman, a Phoenix attorney who is representing the family along with attorney Timothy Newman.
“The Pollmann family has been absolutely devastated,” Newman said.
The lawsuit claims Brookhaven, “represented to (the Pollmann family) that Brookhaven was well equipped to care for residents with Alzheimer’s disease,” and could meet all his needs.
The AG’s office alleges in court records that Brookhaven failed to ensure the assisted-living facility was in substantial compliance with Arizona laws and regulations, “resulting in the death of Mr. Robert Pollmann and posing a danger to current and future residents.”
In an interview last year, Mayes told ABC15 she was investigating Pollmann’s death and five other cases where seniors wandered away unsupervised from care facilities.
“It’s a really terrible situation,” Mayes said.
Brookhaven declined a request for an on-camera interview from ABC 15.
But Brookhaven issued a statement that says, in part:
“Our entire team’s heartfelt sympathy has always been with the family of Mr. Pollmann. The health and safety of our residents is our number one priority.”
The statement goes onto say:
“We understand that this notice to intervene is customary in claims involving vulnerable adults. Our legal defense team will address that and the complaint allegations in formal proceedings at a later date.”
A judge has not yet scheduled any court hearings in the case because the lawsuit is still relatively new.
ABC15 has reported extensively on what the long-term care industry calls “elopements.” Elopements happen when a resident, often someone with dementia or Alzheimer’s disease, leaves a care facility without supervision.
No state agency tracks how many elopements occur in Arizona. But the ABC15 Investigators found at least a dozen people since 2017 have wandered out of Arizona care facilities and died in the heat.
But more state regulations are coming as of July 1 for assisted-living facilities that offer what is known as “memory care.” These are special services designed to keep people with Alzheimer’s disease or dementia safe.
Proposed rules under review by the Arizona Department of Health Services (ADHS) would require assisted-living facilities that offer memory care to take steps to prevent elopements, including mandatory drills every six months on every shift. Facilities also would be required to report elopements to ADHS within 24 hours.
Email ABC15 Investigator Anne Ryman at: anne.ryman@abc15.com, call her at 602-685-6345, or connect on X, formerly known as Twitter, and Facebook.
