It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
LAW AND ARGUMENT
Directed Verdict Standard cont.
In evaluating the evidence submitted by a plaintiff, the court may focus on the quality, rather than the quantity, of the evidence. A small amount of very solid evidence may be considered substantial while a great deal of extremely weak evidence may be considered insubstantial. Toyota Motor Sales USA, Inc, supra at 871-872. Inferences may constitute substantial evidence but only if they are supported by logic and reason rather than speculation or conjecture. Louis & Diederich, Inc v Cambridge European Imports, Inc (1987) 189 Cal App.3d 1574, 1584-1585. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff has Failed to Produce Substantial Evidence to Support Her Cause of Action for Elder Abuse
Plaintiff seeks damages and enhanced remedies, including attorney’s fees and punitive damages, under the Elder Abuse and Dependent Adult Civil Protection Action (Welfare & Institutions Code §15600, et seq), also known as the Elder Abuse Act. The Elder Abuse Act was designed to protect elderly and dependent persons from abuse, neglect or abandonment. In addition to adopting measures designed to encourage reporting of abuse and neglect, the Act gives the court discretion to award attorney’s fees to a prevailing plaintiff and allows survivors to recover pain and suffering damages in cases of intentional and reckless abuse where the elder has deceased (up to a maximum of $250,000.00). Mack v Soung (2000) 80 Cal.App.4th 966, 971-972.
However, a plaintiff is not entitled to recovery under the Elder Abuse Act unless she proves statutory abuse or neglect committed with recklessness, oppression, fraud or malice. Delaney v Baker (1999) 20 Cal.4th 23, 41; Mack v. Soung, supra at 972. (See Part 3 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.