Gibson v. Superior Court of California for Los Angeles, 2006 Cal. App. Unpub. LEXIS 8922 (California Unpublished Opinions 2006)

Estate brought a claim for wrongful death and elder abuse against a nursing home. After hearing, the trial court sustained a demur to the elder abuse claim, finding the estate failed to allege conduct amounting to recklessness. The Estate appealed. The court found that “the estate’s complaint alleges (1) the defendants were aware that Gibson needed ‘Full Assist[ance] . . . for eating, transferring, and ambulating’; (2) Gibson was unsupervised by any nurse at the time of the fall that is the subject of the elder abuse claim; (3) the nursing facility consciously failed to provide a geri-chair with a tray to restrain Gibson from getting up unassisted; (4) the nursing facility consciously failed to provide sufficient budget and staffing to meet patient needs; and (5) the facility had received several deficiency notices relating to the risks of patients falling. Together, these facts were sufficient to withstand a demurrer to the elder abuse claim.” The trial court was directed to vacate its prior order and enter an order overruling the demur.