Lawsuit accuses Costa Mesa senior-living facility of negligence and trying to cover up man’s injury

A 78-year-old man is suing a Costa Mesa senior-living facility, alleging that its staff neglected to protect him from falling and then tried to cover up his resulting broken hip.

Todd Millar’s lawyers filed the suit in Orange County Superior Court last week against Villa Rosa Memory Care and its operator, Frontier Management.

According to the complaint, Millar requires 24-hour supervision because he has dementia and Parkinson’s disease and is prone to falling.

The lawsuit alleges that in an effort to cut costs, Villa Rosa didn’t employ enough properly trained staff members, resulting in a lack of supervision that caused Millar to fall and break his hip some time in August.

Soon after, a visiting family member asked why Millar was in a wheelchair, according to attorney Bill Artigliere.

“The nurse at night said that he was really tired and sore from walking the halls all night long the night before, and that’s why he was sitting in his wheelchair,” Artigliere said.

But the family member noticed that something was wrong with Millar’s legs and insisted that he be taken to a hospital, the suit says.

One of Millar’s legs, Artigliere said, was “jammed so far up into his pelvis” that is was visibly shorter than the other.

Millar underwent a partial hip replacement and is recovering at a rehabilitation facility, Artigliere said.

A representative of Villa Rosa declined immediate comment Tuesday, and Frontier Management did not respond to a call from the Daily Pilot.

Millar’s lawsuit claims he should not have been admitted to Villa Rosa in the first place. Artigliere said the facility ran afoul of state law by accepting him although management knew it couldn’t provide the 24-hour skilled nursing care he needed.

The lawsuit alleges elder abuse, negligence and fraud and seeks unspecified damages.