Facts

In 2006, plaintiff Maria Arellano, 71, lived at defendant Filmore Convalescent Center (Filmore). While visiting, her family members noticed she was bruised and reported this to the facility management. The family placed a hidden camera in the room which caught an employee, defendant Monica Garcia, abusing Arellano. Garcia was caught pulling Arellano's hair, bending her neck, wrists, and fingers, while she was in a shower chair. Garcia pled no contest to simple battery in February 2009. The family filed suit on behalf of Arellano against Filmore, Defendant Eduarado Gonzalez, the owner, and Garcia.

PLAINTIFF'S CONTENTIONS:
Arellano contended that the facility management did not investigate the bruising incident.

DEFENDANT'S CONTENTIONS:
Filmore claimed that the family knew of the abuse since 2006 but did not inform the facility until March 2007.

Settlement Discussions

Arellano demanded $500,000; the defendants made no offer.

Result

The jury found for Arellano, granting $2.75 million in actual damages and $5 million in punitive damages against Filmore and Gonzalez. Liability was split, 40 percent to Filmore, 40 percent to Gonzalez, and 20 percent to Garcia.