You are currently browsing the category archive for the 'elder abuse' category.
By Steven G. Mehta
The long awaited results of a trial San Luis Obispo recently came down. The trial that took approximately three months to conduct finally resolved. The verdict was reported by Nick Wilson of the San Luis Obispo Tribune.
Mr. Wilson wrote:
The family of a 96-year-old woman who developed a bedsore on her lower back was awarded $161,264 on Tuesday in a lawsuit filed against her caregivers, but two local doctors also named in the suit were found not responsible for any wrongdoing.
There were also allegations of elder abuse against the nursing home which the jury found to be unfounded. According to Mr. Wilson’s interview with one of the jurors, the jury foreperson Cynthia Jenkins of San Luis Obispo said it was difficult for the jury to come to its decision after two days of deliberations. She said she felt concern for each of the parties involved in the suit.
“We didn’t think anyone was intentionally malicious,” Jenkins said. “We did think there was some carelessness [regarding the Nursing home]. But it was a tough spot for everyone.”
To read the rest of Mr. Wilson’s article, click on my elder abuse verdicts page here.
By Steven G. Mehta
I recently was reviewing my twitter and facebook posts and saw one from my colleague, Don Philbin, regarding settlement offers. Don, thank you for pointing my attention to this post. I have copied it here for review.
In a case of first impression, Lohman v. Duryea Borough [PDF], the Third Circuit Court of Appeals has held that rejected informal settlement offers may be used as an indicator of success in deciding attorney fees.
After winning a jury trial, the successful plaintiff’s attorneys requested $112,883.73 in fees. The jury had awarded the plaintiff only $12,205.00 in lost wages and nominal damages.
Prior to the verdict, but after trial had commenced, the defendant employer had made three settlement offers, including one for $75,000.00. Each offer was rejected by the employee.
The court considered the $75,000 settlement offer as a “measure of success” and calculated the attorney fee award in conjunction with the damages.
Lohman appealed, arguing that Federal Rule of Evidence 408 does not allow the court to consider settlement negotiations in determining the attorney fees claim. The Third Circuit disagreed, and affirmed the district court’s award of $30,000 in fees. It held that FRE 408 only precludes consideration of those negotiations in determining the liability of a claim but does not bar a court from considering settlement negotiations when determining what would be a reasonable fee award.
To read the rest of the post, please click here.
California already has a similar rule in employment matters, but not necessarily with informal settlement offers. This ruling, however, could influence other areas of the law. For example, in California elder abuse litigation, the court by statute can consider offers of settlement in determining the amount of attorneys fees. This case could provide further support for the claim by the defendants that not only can the offer by the plaintiff be considered, but also the offer of the defendant.
This could also affect any other area that has the right to recover attorneys fees, such as civil rights cases.
By Steven G. Mehta
Gov. Arnold Schwarzenegger has signed a bill by state Sen. Jenny Oropeza, D-Long Beach, that increases elder abuse penalties. When it takes effect Jan. 1, 2010, Senate Bill 18 will increase California fines from $6,000 to $10,000 for those found guilty of placing an elder or dependent adult in situations where great bodily harm or death is likely. In addition, the new law will increase fines from $2,000 to $5,000 for those found guilty of placing an elder or dependent adult in dangerous situations not likely to cause death or serious bodily injury. SB 18 is aimed at protecting those ages 65 and older. It does not change sentencing guidelines for elder abusers who are imprisoned for their actions. “California’s senior citizens and their families will rest easier knowing that my new law will help protect them from abuse,” Oropeza said in a statement. “Elder abuse for far too long has been a hidden, pervasive and deadly crime where out of 5 million recent cases, a shocking 84 percent went unreported.” SB 18 was endorsed by the California District Attorneys Association, the California State Sheriffs Association, the California Commission on Aging and the Alzheimer’s Association.
Source: Press Telegram
