California Court of Appeal

Affirmed that a nursing home was liable for negligence but not elder abuse in connection with the death of a resident who died after choking on a meal he could not swallow and which was not on his prescribed diet. The resident's niece, who brought the suit, argued that the evidence supported liability for elder abuse and that the trial court should not have granted a JNOV motion on that claim. However, the Fourth Appellate District found no error and affirmed.

Appellate Information

• Published 2018/08/08

Judges

• Ikola

Court

• California Court of Appeal

Counsel