In California, a wrongful death action (a lawsuit claiming damages against a defendant for wrongfully causing the death of a human being) is strictly a creation of statute (California Code of Civil Procedure [“CCP”] section 377.60). California’s wrongful death statute creates a cause of action for certain designated survivors of the decedent and permits them to recover for their own … Read More
Jail Custody Death Cases
In May 2012 twenty four year old Nathan Cooper died while in custody in the Cottage Grove (Oregon) Municipal Jail of complications from pneumonia. In April 2015, after almost three years of investigation and litigation, including successfully opposing the City of Cottage Grove’s Motion for Summary Judgment, Janssen Malloy LLP partners Michael Crowley and Megan Yarnall obtained $450,000 for the … Read More
Elder Abuse Case Against Timber Ridge Yields $5 Million Verdict
As published in the North Coast Journal, by Linda Stansberry and Sam Armanino, Thursday, January 19, 2017: Timber Ridge McKinleyville will pay the family of a woman who died under its care $5 million after a jury found the facility liable for wrongful death and elder abuse on Jan. 17. The amount includes $2.5 million in punitive damages. The suit, … Read More
Elder Abuse Victory
On January 18, 2017 a Humboldt County Jury returned a verdict of 5 Million Dollars against Timber Ridge Assisted Living of McKinleyville LLC and Western Living Concepts, Inc. The case was brought by the daughters of Marjorie Fitzpatrick. Ms. Fitzpatrick was a 90 year old resident of the dementia unit in Timber Ridge McKinleyville. Ms. Fitzpatrick escaped through a supposedly … Read More
Advocating for Victims in a Companion Criminal Case
Often in personal injury and wrongful death cases the District Attorney’s (“DA”) office will be in a position to consider filing criminal charges. In such circumstances the attorney you hire to represent you in the civil case should protect your rights and give voice to your concerns in the associated criminal case. The concept of crime victims having specific rights in … Read More
Janssen Malloy LLP Wins Appeal Preserving Right to Trial Over Arbitration
Janssen Malloy LLP obtained a unanimous First District Court of Appeal decision recently in a wrongful death/elder abuse action regarding Timber Ridge Assisted Living LLC (Timber Ridge). Partner Michael Crowley argued the matter before the three justice panel. The Court of Appeal ruled 3-0 that plaintiff Valerie Monschke, as personal representative of her mother’s estate, could proceed to a jury … Read More