Facts

Plaintiffs Charles and Linda Cooper sued Extraordinary Home Care Inc., and its caregivers Elizabeth Thomas and Beth Anne Beine, in connection with the death of their daughter, Susan Cooper, on Oct. 28, 2012.

Thomas was dismissed from the case.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended they had hired defendant Extraordinary Home Care to provide caregiving services to their mentally ill daughter Susan Cooper, 33. Plaintiffs claimed they had requested that someone stay at Susan's side at all times. Plaintiffs claimed that on the day their daughter died, she had been left unattended by Beine from 3:00 a.m. until 7:00 a.m., when she was relieved of her shift by another caregiver. That caregiver then also left Susan unattended from 7:00 a.m. until 8:00 a.m. Plaintiffs claimed had Beine been awake and checked on their daughter, rather than sleeping, at 4 a.m., their daughter would still be alive.

Plaintiffs also claimed that Extraordinary Home Care was negligent for failing to keep logbooks and properly documenting and communicating their daughter's condition between caregivers, which would have alerted Beine that Susan was suicidal and should not be left alone.

Plaintiffs alleged that the suicide of their daughter, would have been prevented, but for the negligence of Beine, and her employer, Extraordinary Home Care.

DEFENDANTS' CONTENTIONS:
Extraordinary Home Care contended that despite knowledge of Susan's mental illness, the company was only hired to provide companionship and transportation to Susan on an as-needed basis when her husband was unavailable and caregivers could be and were often sent home before their scheduled shifts were over. On the night of Susan's suicide, Susan told Beine, that she was going to sleep and asked Beine to stay and sleep on the couch. As there was no need to provide companionship or transportation while Susan was sleeping, Beine slept on the couch as requested, but could have been sent home. Beine was unaware that when Susan entered her bedroom and shut the door that she would take massive amounts of her prescription medications and commit suicide.

One of Extraordinary Home Care's caregivers called Orange County Mental Health less than 24 hours prior to Susan's death. A mental health task force member spent over an hour evaluating Susan Cooper and determined that she was not in danger of harming herself or others. Defendants contested that their scope of work inferred a duty to check on Susan who was physically capable and could manage all of her daily living activities. Susan was found the next morning by another caregiver who tried to wake Susan to take her to her morning appointments.

Settlement Discussions

Plaintiffs issued a policy limits demand to defendants, and then suggested $6 million in non-economic damages in closing arguments, $1 million for past and $5 million for future. Defendants served a CCP 998 offer of $5,001.

Damages

Plaintiffs sought non-economic damages for the loss of the love, care, comfort, and society of their daughter.

Result

Defense verdict. The jury found that Susan Cooper's suicide by polydrug intoxication was not caused by Beine's negligence.

Other Information

Plaintiffs' filed a motion for a new trial based on juror misconduct that was denied on April 30, 2015. Plaintiff's filed a motion to tax expert fees for a token CCP 998 offer, which was denied on May 14, 2015. EXPERT TESTIMONY: Defendants' expert, Trevor O'Neil testified that Extraordinary Home Care was hired to provide companionship and transportation services, not prevent suicide, and Beine was not negligent for failing to check on Susan Cooper after she went into her bedroom and shut the door claiming she was going to sleep. Defendants' expert, Dr. Aaron Schneir, testified that based upon the massive amount of prescription medication found post-mortem in Susan's blood, it was not medically probable that she would have survived even if her overdose was caught and she received maximum medical attention. FILING DATE: Oct. 28, 2013.

Deliberation

1.5 days

Poll

11-1 (that defendants were negligent), 9-3 (that defendants' negligence was not a substantial factor in cause of death)

Length

six days