The California courts have recently published a new case addressing allegations of elder abuse in Fenimore v U.C. Regents.
The case addressed the sufficiency of allegations involving a fall for a cause of action for elder abuse. The case addressed and clarified the ruling in Worsham and disagreed on the issue of staffing.
Among other things, the court addressed the issue of staffing. It explained,
“By way of analogy, here, if a jury were to find the Hospital knew of the staffing regulations, violated them, and had a significant pattern of doing so, it could infer recklessness, i.e., a “`conscious choice of a course of action . . . with knowledge of the serious danger to others involved in it.'” (Delaney, supra, 20 Cal.4th at pp. 31-32.) We decline to hold as a matter of law that such conduct does not constitute recklessness.”
The Fenimore court overruled the trial court’s sustaining of the demurrer.
You can read the decision at California Court of Appeal, Second District, Division 8 (Flier, J.); March 9, 2016 (published March 28, 2016); 2016 WL 1191530