Lawsuit filed over death at Ocala assisted living facility

Morgan & Morgan has filed a lawsuit on behalf of the family of an elderly woman who choked to death at an assisted living facility in Ocala, FL. 

Janet Kish, 83, was a resident at Brookdale Canopy Oaks, an assisted living facility in Ocala, FL owned by Brookdale Senior Living, a national company with more than 500 senior living communities in 41 states. On February 24, 2026, an employee at Brookdale allegedly gave her pizza in violation of the soft diet she had been prescribed. According to the autopsy report, Mrs. Kish choked on the pizza and died. Allegedly, Brookdale later fired the employee involved.

The attached complaint brings a Chapter 429 death claim against the facility, alleging Brookdale failed to uphold its statutorily mandated responsibilities and its duty to ensure Mrs. Kish’s rights were not violated.

A statement follows from Morgan & Morgan founder John Morgan and attorney Scott Mitchell Fischer:

“Mrs. Kish was a beloved mother, wife, sister, grandmother and friend, and she is deeply missed by those she left behind. While she lived a long and full life, we believe she still had valuable life left that was taken from her and her family by the alleged negligence at Brookdale Canopy Oaks. This family deserves justice and accountability for what happened to their loved one, and wants to make sure this kind of fatal mistake never happens to anyone else.”