Teresa D. Green v. Las Flores Convalescent Hospital, et al.
Published: Sep. 13, 2008 | Result Date: Aug. 18, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC374097 Verdict – $2,474,170
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Teresa Green was the Activities Director at Las Flores Convalescent Hospital for 22 years. The plaintiff was terminated for alleged responsibility for the severe burn injuries of a patient she allegedly failed to supervise, when she was on a work errand off the premises.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant terminated her when the real reasons were that she refused to lie to the State Department of Health Services, investigating the patient's accident, as she was ordered to by Las Flores' owner and administrator, Laib Greenspoon; she had protested deteriorated patient care and safety under new management; and she had protested the sexual harassment of her direct report, for which she was punished.
The plaintiff introduced evidence of suppression of evidence, and falsification of evidence.
DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff was solely responsible for the burned patient's injuries. The defendant denied ever telling plaintiff to falsify information to the DHS. The defendant denied the plaintiff had ever protested the care and conditions of its patients. The defendant further denied that plaintiff had reported any sexual harassment, which did not exist. The defendant claimed that plaintiff lied, and her story was a fiction created by her counsel.
Settlement Discussions
The plaintiff was willing to accept $100,000 prior to opposing a motion for summary judgment, which was denied. The defendant offered a waiver of costs and a malicious prosecution claim, in return for a dismissal with prejudice.
Damages
The plaintiff suffered depression, principally treated at the San Pedro Free Clinic. The plaintiff was unemployed for ten months, and she was forced to accept $13/hour position with no benefits. The defendant told the DHS that plaintiff was responsible for the burned patient's injuries; and it refused to return any of her prospective employer's requests for references.
Result
$2,474,172 ($237,086 economic; $1 million non-economic; $1,237,086 punitive).
Other Information
Upon the court's tentative decision to limit the testimony of plaintiff's expert, a licensed clinical social workers, the plaintiff withdrew her expert on the condition that defendant's neuropsychiatrist, James Rosenberg, M.D., be withdrawn. This occurred. FILING DATE: July 23, 2007.
Deliberation
30 minutes (Phase 1), 10 minutes (Phase 2)
Poll
12-0 (for plaintiff on all issues)
Length
five days
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