Jeffrey R. Golin, Elsie Y. Golin and Nancy K. Golin v. Clifford B. Allenby, Former Director, Dept. of Developmental Disabilities, State of California, Director Dept. of Social Services, in his Personal and Official Capacities, et al.
Published: Nov. 14, 2015 | Result Date: May 8, 2015 | Filing Date: Jan. 1, 1900 |Case number: CIV507159 Verdict – Defense
Court
San Mateo Superior
Attorneys
Plaintiff
Kathleen E. Wells
(Kathleen E Wells Attorney at Law)
Defendant
Michael A. King
(Office of the Sonoma County Counsel)
Peter F. Finn
(Bradley, Curley, Barrabee & Kowalski)
Mark F. Bernal
(Office of the Santa Clara County Counsel)
Reuben B. Jacobson
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Defendant
Julie Baird
(medical)
Facts
Nancy Golin, 43, was a developmentally disabled woman unable to speak. On Nov. 14, 2001, Nancy wandered away from her parents and was missing for over 12 hours. Nancy was removed from her parents' care and the California Department of Developmental Services appointed as her conservator.
Nancy and her parents, Jeffrey and Elsie Golin, sued various individuals and governmental agencies related to the incident.
Contentions
PLAINTIFFS' CONTENTIONS:
The Golins contended that Nancy was unlawfully removed from her parents, falsely imprisoned, unlawfully detained, and abused. They also contended that Nancy sustained injuries to her collarbone while being held at Embee Manor as the result of negligent care and supervision. The plaintiffs also claimed violation of various civil rights.
Plaintiffs brought claims for violation of the right to familial association under 42 U.S.C. Section 1983 and dependent adult abuse under the Elder Abuse and Dependent Adult Civil Protection Act.
DEFENDANTS' CONTENTIONS:
Defendants contended that they acted appropriately. They claimed that Nancy was taken to the hospital under a 5150 hold only after her parents were uncooperative following her return. They further contended that Nancy's parents were suspected of abuse and neglect, which led, in part, to Nancy's continued hold.
Settlement Discussions
The demand to Stanford was $7 million. Stanford made no offer.
Injuries
The Golins claimed that Nancy suffered a clavicle fracture and emotional distress.
Result
The jury returned a defense verdict.
Other Information
FILING DATE: July 21, 2011.
Length
24 days
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