Beach | Whitman | Cowdrey, LLP Succeeds Against Claims of Elder Abuse

Noriega v. Fillmore Convalescent Center

February, 2009 saw the conclusion of another high-stakes trial involving claims of elder neglect and wrongful death against a skilled nursing facility. Plaintiffs also personally named one of the licensed nurses who provided care to the decedent. Throughout the course of this six-week trial, plaintiffs introduced evidence of alleged fraudulent documentation, failure to report changes in the resident’s condition and failure to emergently transfer the resident. Prior to closing arguments, Rebecca Lowell was able to successfully argue a Nonsuit motion on behalf of her client, the licensed nurse. The court entered a judgment in favor of the nurse and awarded costs. Tom Beach was equally successful in arguing a Nonsuit motion on behalf of the skilled nursing facility. The court agreed with the skilled nursing facility’s position and dismissed the elder abuse claim. The case then went to the jury on the wrongful death claim only. Although the jury found the defendant skilled nursing facility 40% responsible for the resident’s death, B|W|C then filed a Motion for Judgment Notwithstanding the Verdict, asking the court to set aside the jury’s findings and award judgment in favor of the defendant skilled nursing facility. The court agreed with defendant’s position, and on April 28, 2009, entered a final judgment in favor of the skilled nursing facility on all causes of action. Defendants were awarded costs in excess of $50,000.