Bloomberg Law
Aug. 17, 2020, 6:31 PMUpdated: Aug. 17, 2020, 11:34 PM

California Elder Abuse Damages Capped Despite Covid Concerns (1)

Maeve Allsup
Maeve Allsup
Legal Reporter

California law caps statutory damages by patients in nursing homes at $500 per lawsuit, the state top court ruled Monday, rejecting two justices’ concerns that such a limitation is particularly onerous during the Coronavirus pandemic.

The court overturned a decision by the California Court of Appeal, Fourth District, which had upheld a jury award of $250 per violation to plaintiff Janice Jarman, the daughter of a deceased nursing home patient.

A jury awarded Jarman $95,500—$250 for each of 382 violations—plus an additional $100,000 in damages against HCR ManorCare for its failure to help her father with daily activities.

The trial ...

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