California Court of Appeal

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Nevarrez v. San Marino Skilled Nursing and Wellness Centre, B235372

Judgment after a jury verdict in favor of plaintiff on his claims of negligence, elder abuse based on reckless neglect, and violation of the Patient's Bill of Rights is: 1) affirmed in part, where there was no error in the trial court's rejection of defendants' jury instruction on clear and convincing evidence and in its refusal to instruct the jury with respect to state regulations on the use of restraints in nursing homes; but 2) reversed in part and remanded as to the verdict on negligence and elder abuse, where the trial court abused its discretion in admitting into evidence a class A citation and a statement of deficiencies issued by the state Department of Public Health (DPH) against defendant, but the evidentiary error did not affect the jury verdict on the Patient's Bill of Rights; and 3) reversed in part and remanded, as to the monetary award which exceeds the amount authorized by Health and Safety Code section 1430(b), and the award of attorney fees.

Appellate Information

  • Decided 11/04/2013
  • Published 11/04/2013

Judges

  • EPSTEIN

Court

  • California Court of Appeal

Counsel