Elaine Stinson vs. Leisure Palms, et al.
San Diego Superior Court Case No.: 37-2008-00050484-CU-PO-NC [ATTACH LINK TO JURY VERDICTS]
Jury Verdict - $1,340,000.00

This ground breaking case was the first of its kind to be successfully taken to trial. The jury awarded Elaine Stinson $1.34 million, not including the post judgment award of attorneys' fees and costs. George Kindley co-tried the case with attorney Robert Hamparyan.

The case arose out of a fall Elaine Stinson suffered at Leisure Palms. Her injuries included a head contusion, three broken ribs, and a punctured lung. Mrs. Stinson fully recovered from her injuries after 9 months of skilled nursing care. Defendants adamantly denied liability throughout the year and a half litigation. The jury awarded $88,000 for past medical bills, $500,000 in general damages, and $750,000 in punitive damages. In addition, a post-judgment motion for attorneys, expert fees, and costs, will likely add $400,000 or more to the judgment.

According to Prescott Cole, senior staff attorney of California Advocates for Nursing Home Reform, a statewide nonprofit advocacy organization dedicated to improving the choices, care and quality of life for California's long term care consumers: "this is the first of its kind in a case that gets at reckless neglect in a residential care facility for the elderly. This case defined what reckless neglect is and the verdict shines a bright light on it. The 3.8 million seniors in California and 38 million Californians overall are all rich winners today; and we have Mrs. Stinson, and Mr. Kindley and Mr. Hamparyan to thank for being courageous enough to go all the way to clarify the law. They moved the bar way up, made a statement that these kinds of things can go to trial, the jury gets it, understands how bad it is, and the defense can't hide under the assumption that clients can be browbeaten, intimidated by the system, and will give up before achieving justice. As an advocate, this is thrilling."