Attorney General Kris Mayes has announced the settlement of a case against Brookhaven on 131st Place, LLC, and its owners, Levi and Holly Walker, concerning the heat death of Robert J. Pollmann, a vulnerable adult with dementia. The assisted living facility operated by the Walkers faced accusations of non-compliance with Arizona's door-alarm requirements, an issue that gained tragic relevance following Mr. Pollmann's elopement and subsequent death in the summer of 2024.
According to the press release from the Attorney General's office, "Elopement is a particular concern for our vulnerable adult population in Arizona – especially in the summer." The State's action came after, a lawsuit filed by Mr. Pollmann's daughter, alleging that the facility failed to provide essential safety measures. The home where Mr. Pollmann resided was found lacking in properly functioning door alarms by The Arizona Department of Health Services, the very alarms meant to prevent incidents like this.
The suit raised by Mr. Pollmann's daughter led to the State's intervention, citing violations of the Adult Protective Services Act and the Consumer Fraud Act. "This judgment is about holding assisted living facility owners – whether large or small – accountable to the mandatory requirements that help prevent such tragic events," said Attorney General Mayes. The legal proceedings have resulted in a requirement for the Walkers to divest their interests in Brookhaven and barred them from care-related activities for vulnerable adults in Arizona for five years.
In light of the events leading to this settlement, Mayes emphasized the necessity of strict adherence to safety protocols within assisted living facilities. "Arizona law requires assisted living facilities to have door alarms because they are the best defense against tragedies like the one that occurred at Brookhaven," Mayes stated, acknowledging that while some wandering cases may be inevitable among dementia patients, functioning alarms can save lives. The Walkers, residents of Iowa, must also inform the Arizona Attorney General's Office should they seek to re-enter the care industry in the state after the five-year injunction.
The judgment, obtained through legal recourse and detailed in the consent order filed in Maricopa County Superior Court, reflects the serious implications of operating care facilities without meeting regulatory safety standards. In the wake of this settlement, assisted living facilities across Arizona are urged to prioritize door alarm installation and maintenance, alongside staff training, to avert potential elopement threats and ensure the safeguarding of those most vulnerable among us. The full judgment is accessible for review by the public.
