Joan Bice by and through her successor-in-interest v. Emeritus Corporation

Date: 03-09-2013

Case Number: 2009-00063714

Judge: Judy Holzer Hersher

Court: Superior Court, Sacramento County, California

Plaintiff's Attorney: Lesley Ann Clement

Defendant's Attorney: Bryan R. Reid

Description: The Family and Estate of Joan Boice sued Emeritus Corp. d/b/a Emeritus Senior Living at Emerald Hills, et al. on wrongful death, elder abuse, fraud, malice and oppression theories claiming that the their 82-year-old mother. Mrs. Boice, who suffered from Alzheimer's disease, became a resident of Emerald Hills, in Auburn, California in September 2008. By December, she had developed bedsores. She died three months later, with the sores being listed as a significant cause.

Emeritus denied wrongdoing but did admit "training deficits" and "holes in the staffing" at the facility.

The Plaintiff's claimed that Emerald Hills was understaffed and that they concealed the existence of the bed sores from the family fearing that she would be removed from the facility.

The Plaintiffs further claimed that Emeritus was a powerful and corrupt corporation in seeking punitive damages and proved that it made billions while expanding and paying no taxes on its income.

Outcome: Plaintiffs' verdict for $3.875 million for Joan's pain and suffering and $250,000 for the loss of her companionship and $19.875 million.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: The Sacramento Bee reported that Emeritus offered $3.5 million to settle the claims being made against it before trial.