 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Conservatorship of the Person and Estate of Adams v. Butler1/29/2002
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Appellant Virgil Butler appeals from a judgment following jury verdict finding him generally negligent in his care of Mrs. Marion Adams. Mr. Butler took Mrs. Adams on a trip to Mexico in May 1998. She left for the trip elderly but able to socialize and returned with a subdural hematoma and not able to function. She is now bedridden and fed through a feeding tube. Her subsequently appointed conservators sued Butler, who denied he had been negligent or had caused her any injury . The jury found otherwise. Finding no reversible error, we shall affirm the judgment.
PROCEDURAL HISTORY AND STATEMENT OF FACTS
The complaint and answer
Marion Adams, through her conservators, filed a complaint for damages against appellant for physical abuse, neglect, and fiduciary abuse, all pursuant to the Elder Abuse and Dependent Adult Civil Protection Act, as well as for general negligence (personal injuries) and general negligence (motor vehicle.) Plaintiff, 65 years old at times relevant to the complaint and 70 when the complaint was filed in 1999, alleged that she was "ambulatory, alert, verbally communicative, and could feed herself" when she was living in an assisted living facility in Long Beach. Appellant took sole control of her on April 30, 1998; removed her from the assisted living care facility; and drove her to Mexico over a three-day period. On that trip, she suffered a blow to the head, abdominal injuries and a black eye. Appellant failed to provide food and water to plaintiff, resulting in dehydration and exacerbating the physical injuries. She was comatose for several weeks, suffering irreparable brain damage resulting in aphasia and "will require twenty-four hour custodial care for the rest of her life. It is unlikely that Marion Adams will ever have the ability to speak or communicate and is no longer mobile as a result of her injuries."
The second cause of action (neglect) added that appellant Butler failed to give her food or water for a prolonged period, failed to provide for her personal hygiene; and attempted to refuse medical assistance for plaintiff. The third cause of action (fiduciary abuse) added that appellant "took possession and appropriated property which belonged to" plaintiff.
The fourth cause of action (general negligence resulting in personal injuries) reiterated the severe injuries "including a blow to the head, abdominal injuries, a black eye and irreparable brain damage" as well as appellant's failure to provide food and water, medical assistance, and subjecting plaintiff to physical and emotional stress. As a result of appellant's negligence, plaintiff allegedly incurred "hospital and medical expenses, property damage, loss of use of property and general damage to her person, all in an amount to be proved at trial." Finally, the fifth cause of action (Negligence-Motor vehicle) alleged the same damages.
Appellant filed his answer in propria persona. He alleged he was merely accommodating plaintiff's wish to return to her home in Mexico and was being punished for being a Good Samaritan.
Pretrial proceedings
Appellant thereafter retained counsel, who successfully continued trial from April 17, 2000, to May 15, 2000. Appellant's declaration in support of the motion for continuance stated he was 84 years old and had "been retired as an a
Page 1 2 3 4 5 6 7 8 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|