This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Litigation

Apr. 10, 2014

Lawyers say opinion could change landscape of elder abuse cases

An appellate opinion established that plaintiffs could only collect a $500 penalty for care violations once, no matter how many issues occurred. The result now threatens to upend a lucrative vein of elder abuse class actions.


By Chase Scheinbaum


Daily Journal Staff Writer


When 79-year-old Samuel Nevarrez took a devastating fall several years ago, his attorney sued the San Marino nursing home where he lived and convinced a Los Angeles County Superior Court jury to award him $4.7 million. Among the claims were 14 violations of the state Patients' Bill of Rights governing standards of care at nursing facilities, each of which netted a $500 penalty. While worth just $7,000, ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up