Tuesday, August 31, 2021

Green v. Healthcare Services (Cal. Ct. App. - Aug. 31, 2021)

"Barbara Green (Barbara) filed this wrongful death action after her son Jeffrey Green (Green) jumped from the roof of drug rehabilitation treatment facility Anaheim Lighthouse (Lighthouse), and ended his life. Lighthouse appeals from the judgment following a jury verdict in Barbara’s favor. Specifically, it asserts the trial court committed reversible error by refusing to instruct the jury Green’s suicide was a superseding cause of harm . . . ."

You can probably figure out if the Court of Appeal reverses or affirms based on that opening sentence alone.  There's already been a jury trial.  The jury found that the rehab facility was negligent.  It's going to be darn hard to argue that someone's suicide is a superseding factor as a matter of law, or that a rehab facility doesn't have a duty of care all.

Net result:  Affirmed.  ("The jury found Casapu not negligent. The jury found Bishara negligent but determined his negligence was not a substantial factor in causing harm. The jury found Lighthouse negligent. It allocated the fault 65 percent to Lighthouse and 35 percent to Green. The jury awarded $1.7 million for past damages and $2.2 million for future damages.")