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CONFIDENTIAL

Jan. 7, 1995

Personal Injury (Non-Vehicular)
Convalescent Care
Negligent Hiring and Supervision

Confidential

Settlement –  $200,000

Judge

Judith D. McConnell

Court

San Diego Superior


Attorneys

Plaintiff

Jordan M. Cohen


Defendant

Kris P. Thompson

Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)


Experts

Plaintiff

Marshall N. Horsman
(medical)

Richard I. Rowen
(medical)

Defendant

Robert Winchell
(medical)

Dominick Addario
(medical)

Facts

On 2 separate occasions, July 30 and September 17 of 1994, Plaintiff's mother, an 86-year-old retiree, was allegedly severely beaten and brutalized by a certified nursing assistant while she lay tethered to her bed at Defendant convalescent care facility. There were no witnesses to the alleged assault. The Plaintiff's mother suffered from Alzheimer's disease and relied upon Defendant for all aspects of her care. As a result of the beatings, she sustained severe bruises and lacerations to her upper body, face, arms, and chest. Plaintiff's mother died several months later from complications wholly unrelated to the incidents.

Settlement Discussions

Defendant contends its initial offer was $50,000 increased to $100,000 and Plaintiff demanded $300,000 increased to $900,000.

Specials in Evidence

not specified

Damages

Plaintiff and Defendant stipulated that MICRA applied, limiting damages for emotional distress to $250,000.

Injuries

Severe bruises to the upper body, face, arms, and chest requiring examinations, debridement, and physical therapy; severe emotional distress.


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