Records Detail Immediate Jeopardy Citation After Charlotte Nursing Home Resident in Wheelchair Was Fatally Struck in 2023

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Different Workouts Suited Different MarkersA pooled analysis of 53 trials found that different exercise types helped different metabolic markers. Most of the evidence was low certainty. EITAN ABRAMOVICH | AFP via Getty Images Share on Twitter Share on Facebook Share on Pocket State inspectors cited a Charlotte nursing home at the immediate jeopardy level, the most serious federal deficiency category, after a 68-year-old resident in an electric wheelchair left the facility and was struck by a city garbage truck, according to records reviewed by North Carolina Health News.

The resident, George Marks, was hit on Providence Road just feet from the facility’s entrance early on Oct. 17, 2023. He suffered fractures throughout his body and died eight days later. The publication’s investigation, released Oct. 8, details safety steps that inspectors found the facility had missed.

The facility, then called The Citadel at Myers Park, later lost its Medicare and Medicaid funding. A wrongful death lawsuit filed by Marks’s estate remains unresolved.

According to North Carolina Health News, Marks left the facility that morning in his electric wheelchair and entered Providence Road, which had no crosswalk. Inspectors described a 35 mph speed limit, heavy traffic and no safe place to cross. He had signed out that morning, but no time was recorded.

State inspectors found the facility failed to supervise him adequately. They cited its failure to complete a safety assessment of his use of the electric wheelchair and his departures from the facility, and they found no documentation that he had been educated about the risks.

Under federal regulations, immediate jeopardy means a facility’s noncompliance has caused, or is likely to cause, serious injury, harm, impairment or death to a resident. A nurse practitioner at the facility told investigators that Marks was cognitively alert and that she felt he was “safe to leave the facility because he did so daily,” according to North Carolina Health News.

Accounts of his condition differ. Charlotte station WSOC-TV, reporting on the lawsuit, described Marks as cognitively impaired, and North Carolina Health News reported that an earlier facility assessment listed a diagnosis of dementia or cognitive impairment.

The nursing home’s problems continued after the crash. Before ending its participation, federal regulators stopped Medicare and Medicaid payments for residents admitted on or after Jan. 15, 2025. The Centers for Medicare and Medicaid Services then terminated the facility’s provider agreement effective March 7, 2025, finding that it “has failed to substantially comply with Medicare and Medicaid health and safety participation requirements,” according to a CMS public notice.

WSOC-TV reported at the time that residents were being moved out and that complaints over the previous three years had led to 20 citations.

The facility, now known as Myers Park Nursing Center, remains licensed by the state, according to North Carolina Health News. It is owned by private equity firm Portopiccolo Group, which along with affiliated chains owns more than 100 North Carolina nursing facilities, the publication reported. It is not clear how many residents, if any, currently live there.

The facility, its managing operator, and its parent company did not respond to repeated requests for comment from North Carolina Health News.

Marks’s estate filed a wrongful death lawsuit in May 2025 against the nursing home’s operators, the City of Charlotte and the garbage truck driver, according to WSOC-TV. The complaint runs nearly 200 pages. An attorney for the estate told the station the case “raises serious concerns about resident safety and systemic failures at the facility.” A representative for Myers Park Nursing Center told WSOC-TV it had no comment.

According to North Carolina Health News, an arbitration agreement Marks signed when he entered the facility requires the estate’s claims against the nursing home to be resolved through arbitration. That arbitration has not been resolved, which is holding up the broader civil case. The City of Charlotte has asked the court to compel the nursing home to take part in the case.

The lawsuit’s claims are allegations and have not been proven. Marks’s daughter, Angela Marko, said the family learned of the crash from a relative, not the facility. “They didn’t even have the decency to tell me that my dad was struck,” she said in a recorded statement used in the arbitration, as reported by North Carolina Health News.

The case highlights a risk many families may not consider: residents who come and go independently, including wheelchair users, need individual safety plans. Marko said her father’s wheelchair had no reflectors or flags.

Families can ask a facility how it assesses residents who leave the property, whether wheelchairs are equipped with reflectors or flags, how sign-out times are recorded, and how staff are alerted when a resident goes missing. They can also ask how and when the facility notifies relatives after an accident.

Before choosing a nursing home, families can review inspection results, staffing levels, and penalties on Medicare’s Care Compare website and look for repeated serious citations. Admission paperwork deserves close reading, since arbitration agreements can limit a family’s ability to take a dispute to court. Federal rules do not allow nursing homes to require residents to sign an arbitration agreement as a condition of admission.

Concerns about care in a North Carolina facility can be reported to the state Division of Health Service Regulation’s complaint intake unit. A resident who is injured, missing, or in immediate danger requires a call to 911.

Nearly three years after the crash, the family’s legal case is still unresolved. For families choosing a facility, the lesson is to ask detailed questions about supervision and check inspection histories before signing admission papers.

What happened at the Charlotte nursing home? In October 2023, a 68-year-old resident left The Citadel at Myers Park in his electric wheelchair, entered Providence Road and was struck by a city garbage truck. He died eight days later.

What did inspectors find? State inspectors found the facility failed to supervise him and did not complete a safety assessment of his wheelchair use and departures from the facility, citing it at the immediate jeopardy level.

What does immediate jeopardy mean? It is the most serious federal deficiency level, used when a facility’s noncompliance has caused or is likely to cause serious injury, harm, impairment or death to a resident.

Is the nursing home still operating? The facility, now called Myers Park Nursing Center, lost its Medicare and Medicaid agreement in March 2025 but remains state-licensed, according to North Carolina Health News.

What is the status of the lawsuit? The estate’s wrongful death lawsuit, filed in May 2025, is unresolved. Claims against the nursing home are in arbitration, which is holding up the civil case.

How can families check a nursing home’s safety record? Families can review inspection reports, penalties and staffing on Medicare’s Care Compare website and ask facilities how they assess and supervise residents who leave the building.

Where can North Carolina families report nursing home concerns? Concerns can be reported to the state Division of Health Service Regulation’s complaint intake unit. Call 911 if a resident is missing, injured or in immediate danger.