Reference no: EM131657595

Question: The Sheriff of Polk County employed Prison Health Services (PHS) to provide total health care services for inmates and detainees housed in Polk County Jail and Jail Annex. In 1992, employees of the Sheriff's office booked Cherry into the jail to begin serving a 30-day sentence for driving under the influence of alcohol. At the time of his incarceration, Cherry informed the PHS medical staff that he consumed approximately a case of beer daily. Over the next two days, Cherry repeatedly requested medical attention for symptoms of alcohol withdrawal. Cherry's wife notified a Sheriff's office employee that her husband had a history of delirium tremens during alcohol withdrawal and that he was in immediate need of a doctor's attention. About two hours later, the inmates sharing Cherry's cell asked Sheriff's office to check on Cherry's condition. The employees found Cherry in his cell hallucinating and shaking violently. The employee notified PHS Nurse Gill, who examined Cherry and reported his symptoms to PHS Nurse Smith. Nurse Smith requested that Cherry be sent to the infirmary for observation. At the infirmary, a Sheriff's office employee shackled Cherry, who was still hallucinating, to his bed, with the knowledge and acquiescence of Nurse Smith. The next morning, while still suffering from hallucinations associated with delirium tremens, Cherry either walked or jumped off the end of his bed. Because the leg shackle did not allow his feet to advance beyond the top of the bed, Cherry landed head first on the concrete floor. Cherry died five days later as a result of his injuries. Cherry's estate filed suit against PHS, Nurse Smith, and the Sheriff's office for breach of contract, alleging that Cherry was a third-party beneficiary to the contract between the Sheriff and PHS. Will Cherry's estate prevail?