In re Conservatorship of Gregory

Reba Gregory (defendant) was a resident at Beverly Manor, a nursing home owned by Beverly Enterprises, Inc. (BEI) (plaintiff). While residing at Beverly Manor, Gregory fell, breaking her hip and shoulder. Gregory sued BEI for elder abuse and neglect under California’s Elder Abuse and Dependent Adult Civil Protection Act, arguing that BEI’s reckless failure to provide due care caused her injury. After a jury trial, the trial court provided jury instructions. The jury instructions stated that (1) elder abuse constituted physical abuse, neglect, or deprivation of good or services resulting in physical or mental harm to an elderly person; (2) recklessness arose only when a person acted with deliberate disregard for a high probability of negative consequences; and (3) mere negligence did not constitute recklessness. The court did not specifically define either physical abuse or neglect but did read the jury relevant California statutory regulations exemplifying the duty of care owed to nursing home patients. BEI did not request any additional or clarifying jury instructions. After deliberation, the jury found that BEI had committed elder abuse and that BEI acted with malice and recklessness. The jury awarded Gregory compensatory and punitive damages. BEI appealed, arguing that the jury instructions (a) were too vague; and (b) misled the jury into believing negligence constituted recklessness.