Trial attorney, Paul J. Sheston, of The Checkett Law Firm, PLLC, recently secured a unanimous defense verdict on all claims against a national plaintiff’s firm following a seven-day jury trial (Yoyokie v. Winslow Campus of Care, et al., CV2014-00566) in Navajo County Superior Court.
The seven surviving statutory plaintiffs sought compensatory and punitive damages for wrongful death and alleged abuse and neglect under the Arizona Adult Protective Services Act against an Arizona licensed skilled nursing facility in relation to an elderly WWII veteran who developed chronic subdural hematomas secondary to falls. The ten member panel found that the defendant facility did not abuse or neglect the decedent during the nine month admission to the facility, and found that the staff’s care and treatment of the decedent was not the proximate cause of his death following a fall with subsequent brain bleed and unsuccessful craniotomy.
Plaintiffs asked the jury for $7M in wrongful death damages, as well as medical special damages, pre-death pain and suffering, loss of life, and punitive damages. The jury deliberated for only 45 minutes before awarding the plaintiffs nothing.