Successful Motion In Elder Abuse Case

April 1, 2005

Dan L. Longo, Robert S. Ackley and Michelle Hancock recently won a successful motion for summary judgment on an elder abuse case..

Plaintiff was a resident of Windsor Gardens Hawthorne on and off throughout 2001 and 2002. In early December 2002, she died at another skilled nursing facility nearly six months after leaving Windsor Gardens. At the time of her death, plaintiff was 92 and had experienced numerous serious pre-existing medical conditions. .

Plaintiff's family sued Windsor Gardens alleging elder abuse contributed to her death. The defense propounded contention interrogatories to determine the nature and basis of the contentions against Windsor Gardens. The discovery responses revealed a lack of support for the allegations. Based on these responses, defense filed a Motion for Summary Adjudication on the Elder Abuse, Fraud, and Willful Misconduct causes of action, and to get rid of the Punitive Damages claim. .

The Court granted the defense's Motion for Summary Adjudication. The Motion resulted in a significant reduction in the damages that plaintiff can recover, assuming that plaintiff can meet the burden of proof at trial. The Medical Injury Compensation Reform Act (MICRA) limits cap the damages at $250,000. This ruling was also affirmed by the Court of Appeal. This successful motion puts the defense in an excellent bargaining position for settlement negotiations.