Confidential
Settlement – $200,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
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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