Man Suffers Elder Abuse And Neglect At Local Facilities

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.)

Here, Allen alleges that defendants were responsible for his custodial care due to his physical and mental disabilities. He further alleges that defendants abused this position when defendant and its employees [E]ither caused, contributed to, or witnessed the injuries sustained by plaintiff and deliberately and callously failed and refused to seek or provide appropriate medical attention for those injuries, all with the intention to delay or prevent discovery of their own involvement and responsibility in the injury causing event and its aftermath.

Allen also avers that the defendant’s acts were unreasonable and were done for the “[P]urpose of causing plaintiff to suffer pain, mental anguish, and severe emotional and mental distress.” Allen was also in a depressed state of mind due to the fact that he was a victim of a shooting that rendered him paralyzed, and defendants were aware of this fact that made him susceptible to further mental distress. These allegations, along with Allen’s factual allegations of abuse and neglect, are sufficient to state a cause of action for intentional infliction of emotional distress. Therefore, defendant’s demurrer should be overruled with respect to this cause of action.

THE COURT SHOULD OVERRULE DEFENDANT’S DEMURRER AND MOTION TO STRIKE WITH RESPECT TO ALLEN’S CAUSE OF ACTION FOR DEFENDANT’S VIOLATION OF CAL. WELF & INST. CODE §15656
Allen may properly assert a claim under Welf. & Inst. Code §15656.

Defendant cites Crusader Ins. Co. v. Scottsdale Ins. Co. (1997) 54 Cal. App. 4th 121, 131, 62 Cal. Rptr. 2d 620, for the proposition that Allen cannot state a claim for damages under section 15656 of the Welfare & Institutions Code. The Crusader Ins. Co. case is inapplicable in that it addressed the private right of action in third party insurance bad faith matters. The legislature has concluded that individuals no longer have standing to bring a civil action against a third party insurer for an action involving bad faith. (See Part 6 of 7.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.