Facts

Plaintiff Cesar Ordonez is a 65-year-old man who was born with developmental disabilities and has always been in need of custodial nursing care. While residing at defendant's nursing home, he suffered a hairline ankle fracture, and nine months later an unprovoked assault by his roommate, leaving bruising and swelling.

The trial court granted the defendant summary adjudication of the Elder Abuse cause of action, leaving plaintiff with a health provider malpractice claim based on delay in response time.

PLAINTIFF's CONTENTIONS:
Plaintiff did not claim that defendant was responsible for the attack, but rather that defendant's follow-up response and care were neglectful under the Elder Abuse Act.

DEFENDANT'S CONTENTIONS:
Defendant's employees testified, contrary to plaintiff's sister, that there was in fact no delay and that the post-attack care was appropriate. Defendant further denied that Mr. Ordonez was left alone with the attacker.

Settlement Discussions

Plaintiff demanded $400,000. Defendant offered $50,000.

Injuries

Plaintiffs did not seek any damages related to the attack itself. Plaintiff sought only damages related to delayed treatment, and being left in a room with the attacker following the attack. Plaintiff also sought damages for the undiscovered hairline ankle fracture.

Result

Plaintiff's verdict for $350,000.

Other Information

The jury found 100 percent liability on defendant Dreier's Nursing Care Center. Plaintiff's attorney asked the jury to award $400,000 (i.e. the identical amount of the settlement demand).

Poll

11-1 (liability), 9-3 (damages)

Length

nine days