San Bernardino Partner Bryan R. Reid recently tried an unusual, several-months long jury trial in Alameda County, California. All aspects of the trial were conducted virtually via Zoom, including all percipient witness and expert witness depositions, many discovery hearings and substantive motions, pre-trial motions and evidentiary hearings, jury selection, opening statements, presentation of evidence, witness examinations, sidebars and court conferences, meet and confer efforts, closing arguments, jury deliberations and questions, jury polling, hearings regarding equitable remedies, and more. The case was further complicated by the fact that, over the defendants' objections (which included an appeal to the California Supreme Court), the court allowed the consolidation and joint trial (to a single jury) of the claims of ten different residents.
While the case commenced with more than a half dozen defendants, at trial Mr. Reid and his co-trial counsel represented the interests of a skilled nursing facility and its related administrative services provider against the claims of the ten plaintiffs who ranged in age from early 40s to mid 80s, and who presented with a wide variety of illness and diseases of aging that can plague an elderly and vulnerable long term care population. Because of the consolidation of the claims, the jury was exposed to an overly broad range of allegations, including sexual misconduct by a fellow resident, improper use of psychotropic medications, falls, weight loss, wound care, hygiene issues, general neglect, and more. Notably, none of the plaintiffs' claims was identical. Ultimately, because of the range of age, health conditions/needs, length and circumstances of residency presented by the plaintiffs, etc., the jury heard more evidence that ran the gamut of the potential claims a nursing home could face in ten separate lawsuits, including two claims of wrongful death.
At the conclusion of the jury portion of the trial, Mr. Reid reports predictably mixed trial results. One of the plaintiff's claims was defensed (other than a non-contested “rights violation” issue) and another plaintiff, the one who claimed sexual assault, failed to prove her abuse allegations. Overall, the compensatory damages awarded by the jury to the plaintiffs amounted to just over 10% of the amount requested by plaintiffs' counsel at trial.
However, considering the overwhelming amount of prejudicial criticisms presented to them over the course of the ten different plaintiffs' claims, the jury did find a basis to award punitive damages and attorneys' fees to the plaintiffs, and those amounts remain to be finalized pending post trial motions. Mr. Reid and his team worked closely with Lewis Brisbois' Appellate team throughout the course of the trial to ensure a high level of confidence that aggressive use of post-trial motions and arguments on appeal will, ultimately, result in a favor outcome for the defense.
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