Cases

Guernsey v. Country Living Pers. Care Home(s), Inc., 2006 U.S. Dist. LEXIS 31450 (D. Pa. 2006)

Lillian Guernsey’s conservator brought suit alleging that Lillian was sexually assaulted by another resident at a personal care home. The case was tried to the court. The defendant conceded liability; after one defendant admitted negligence, Plaintiff moved for a directed verdict which was not opposed. The court found that compensatory damages were $300,000 and punitive damages were $800,000. Among the facts, the court found that management for the personal care home knew that the offending resident had previously been incarcerated for indecent assault and that he was designated as a violent sexual predator under Megan’s law. Management had not informed other employees and had taken no precautions in accepting the violator as a resident.

Note: Although the injury in this case is the type more likely to outrage the court, it is also noteworthy that this is a non-jury award and that an expert testified that, due to Alzheimer’s, Plaintiff had no painful recollection of the rape.

Note 2: Case cited in Wagner v. Onofrey, 2006 Pa. Dist. & Cnty. Dec. LEXIS 333 (Pa. C.P. 2006) for proposition that punitive damages are recoverable.

Published by
David McGuffey

Recent Posts

Getting a recorded statement introduced in evidence

Elder law attorneys sometimes find themselves in various types of litigation ranging from guardianship cases,…

1 week ago

2027 Social Security COLA

Today the Social Security Administration announced the Cost of Living Adjustment for next year, posting…

2 weeks ago

Good Lawyers Solve Problems, They Don’t Create Them

Years ago I had the pleasure of knowing Arvin Reingold, a Chattanooga lawyer. He was…

4 weeks ago

Stock Research

When you're looking at investing, there is no substitute for qualified competent advice. Having said…

1 month ago

My Views on Investing

My thoughts on investing may or may not help you. I don't claim to be…

2 months ago

Amount of compensation; multiple conservators; forfeiture; renunciation; O.C.G.A. § 29-5-50

Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides:…

4 months ago