SCOTTSDALE, AZ — The state’s top prosecutor is taking legal action to get involved in a lawsuit filed by the family of a man who walked away from an assisted-living facility and died.
The Arizona Attorney General’s Office has filed a court motion to intervene as a plaintiff in a civil lawsuit that alleges the care facility was negligent. If a judge grants the motion, the AG would become a party to a lawsuit filed in January by the family of 85-year-old Bob Pollmann.
If approved, state prosecutors could then present evidence, cross-examine witnesses, and make legal arguments.
The attorney general alleges in a court filing that the care facility where Pollmann lived, Brookhaven on 131st Place, failed to substantially comply with state laws and regulations, “resulting in the death of Mr. Robert Pollmann and posing a danger to current and future residents.”
Pollmann was a retired teacher who lived most of his life in South Dakota. In his later years, his family said he developed Alzheimer’s disease. He lived in assisted-living facilities, first in his home state and later moving to Scottsdale to be closer to family.
He was at Brookhaven on 131st Place last summer for less than a month when he left the home unsupervised on a June afternoon. Staff didn’t notice him leaving, according to a police report. 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.
In a statement, Brookhaven said:
“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. We appreciate the support and confidence of the community and the families who have placed their trust in us. It is unfortunate that the continued reporting surrounding this incident has allowed several inaccurate and misleading statements to be spread.
“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 court proceedings at a later date.”
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A judge has not ruled yet on whether the attorney general can intervene in the lawsuit.
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.
In an interview last year with ABC15, Arizona Attorney General Kris Mayes said ABC15’s reporting prompted her to look into Pollmann’s death in Scottsdale. She said her office was investigating five other cases where seniors wandered away unsupervised.
“Deadly things can happen,” Mayes said. “It is too hot in the summertime to allow any elopements from any facility.”
She said there must be “zero tolerance” for any elopements because of Arizona’s triple-degree summer temperatures.
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.
