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Civil Rights
Conservatorship
Negligent Infliction of Emotional Distress

Conservatorship of the Person and Estate of Luise Strutynski, a Conservatee, and Udo Strutynski v. County of Los Angeles, et al.

Published: Apr. 15, 2000 | Result Date: Aug. 29, 1999 | Filing Date: Jan. 1, 1900 |

Case number: BC188257 Verdict –  $0

Judge

Elihu M. Berle

Court

L.A. Superior Central


Attorneys

Plaintiff

Jordan M. Cohen


Defendant

Melanie E. Lomax

Karen Sarames


Experts

Plaintiff

Morgan Levy
(medical)

Defendant

Jay Lieberman
(medical)

Facts

On Feb. 19, 1997, the police removed 91-year-old Luise Strutynski from the care of her son, Udo Strutynski, 52,
and placed her at a skilled nursing facility. The county Adult Protective Services refused to release the location
of the mother to the son without court order. Udo Strutynski was suspected of having engaged in elder abuse
and negligence, which included leaving his mother alone when she had the mental capacity of a 3-year-old and
continuously injured herself.
She had been diagnosed in December 1996 at the UCLA AlzheimerÆs Clinic as being in the end stages of
multi-infarct dementia. The county agencies diligently reported, investigated and petitioned the court for
conservatorship during the 63 days.
The plaintiff brought this action against the defendant based on false imprisonment,
negligence, violation of federal constitutional rights pursuant to 42 U.S.C. Section 1983, violation
of state civil and constitutional rights pursuant to Civil Code Section 52.1B and negligent and
intentional infliction of emotional distress.

Settlement Discussions

The plaintiff demanded $600,000. The defendant offered $90,000.

Specials in Evidence

$17,000

Injuries

Plaintiff Luise Strutynski had pre-existing multi-infarct dementia and emotional distress and false imprisonment. Plaintiff Udo Strutynski claimed emotional distress damages.

Deliberation

six hours

Poll

12-0

Length

seven days


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