Jack Gibson, Gary Gibson, Barbara McAdams v. Cottage Park Place LP
Published: Sep. 26, 2009 | Result Date: Mar. 26, 2009 | Filing Date: Jan. 1, 1900 |Case number: 200700884277CUPOGDS Settlement – $401,000
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
David F. Beach
(Perry, Johnson, Anderson, Miller & Moskowitz LLP)
Facts
The deceased, Elizabeth Gibson, died of acute renal failure on June 22, 2006, while a resident of Cottage Park Place LP, dba Gramercy Court. Her treatment was investigated by the Department of Public Health, which cited Gramercy Court and alleged that its neglect was the proximate cause of Gibson's death. Gibson's children sued Gramercy Court alleging it is liable for elder abuse, violation of rights, and wrongful death.
Gramercy Court's challenge to the citation is still pending.
Contentions
PLAINTIFFS' CONTENTIONS:
Gibson's children claimed that her death was the result of neglectful treatment by defendants. They contended that defendants failed to provide adequate hydration and nutrition, and failed to care for numerous bedsores resulting in infection.
DEFENDANT'S CONTENTIONS:
Gramercy Court claimed that Gibson's death was unavoidable, as her health was in steady decline, and not due to neglect.
Damages
Gibson's children sought damages for their pain and suffering and for wrongful death as her surviving children, attorney fees under the Elder Abuse Act, as well as special damages in the form of medical costs.
Injuries
Gibson died as a result of renal failure.
Result
The parties settled for $401,000.
Other Information
Evanston Insurance Company insured Gramercy Court.
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