Jurors are hearing wrongful death claims that negligence and missing safeguards allowed a woman with dementia to wander out and die alone in freezing temperatures.
SACRAMENTO, Calif — A jury in Sacramento is hearing testimony in a wrongful death and elder abuse trial against a local assisted living facility following the death of a 100-year-old woman in 2019.
The lawsuit alleges Mildred Hernandez, who had Alzheimer’s dementia, wandered out of Greenhaven Estates Assisted Living and Memory Care overnight and later died from hypothermia.
Hernandez’s daughter, Roberta Hernandez Tapia, described her mother as strong and devoted to family.
“She was like superwoman,” Tapia said. “She kind of did it all and raised four girls. Family was super important. So she was amazing.”
The family said they trusted Greenhaven Estates in Sacramento to keep Hernandez safe and said the loss continues to affect them. “She’s left a hole in our hearts, and the grandchildren. We all loved her so much,” another daughter said.
Greenhaven Estates Assisted Living and Memory Care now operates as Spanish Vines Assisted Living and Memory Care, according to the family’s attorney, Ed Dudensing, who said there were warning signs at the facility long before Hernandez died.
“The staff knew for a period of months leading up to this day that Mildred was wandering in the middle of the night,” Dudensing said. “And there’s nothing documented about it. No one was told about it.”
Dudensing said the events unfolded before dawn in February 2019. He said the last check on Hernandez appeared to be around 1 a.m., and she was found sometime before 6 a.m. outside the facility, beyond an exit door that automatically locked, with temperatures around 38 degrees.
“The evidence seems to be that she was out there for several hours,” Dudensing said.
Dudensing said Hernandez was taken to the hospital and died from hypothermia.
Tapia said her sister, who lives in Sacramento, received the call that Hernandez had been found outside. Tapia said the family learned about problems at the facility after Hernandez passed away.
“Unfortunately, when by the time we found out, it was too late,” she said. “There really wasn’t any indication.”
Dudensing alleged that basic safeguards were missing at the facility.
“There was no kind of silver alert,” he said. “There was no alarming of any doors, and she was found by a caregiver, but she couldn’t be saved.”
The family said they are speaking publicly in hopes of preventing similar losses.
“We want to let as many people know that this happened,” Tapia said.
Attorneys for the defendants and the care facility were contacted multiple times by email and phone, but did not respond.
The family is seeking damages for negligence, wrongful death and elder abuse. The trial is underway and expected to wrap up at the end of February.
State inspection reports from the California Department of Social Services show the facility has been cited for deficiencies related to staffing, training, and resident supervision as recently as 2025.
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