the California Court of Appeal (Second Appellate District, Division Five) permits a plaintiff in an employment case to seek punitive damages from her employer.
The plaintiff, a drug store employee, accused her supervisor of sexual harassment. She sued her employer for compensatory and punitive damages, but the trial court granted the defendant's motion for summary adjudication on the issue of punitive damages. The court ruled that the plaintiff presented no evidence that her supervisor's misconduct was was approved by a corporate "managing agent," as required to obtain punitive damages against a corporation under California Civil Code section 3294 says California Nursing Home Abuse and Neglect Attorney Steven Peck.
The Court of Appeal disagreed. It said the plaintiff presented evidence that she complained to the defendant's regional manager, who was responsible for managing every aspect of the day-to-day operations at approximately 25 stores. The court said this evidence demonstrated a sufficient level of independent discretionary authority to support a finding that the regional manager was a managing agent. Curiously, the court did not cite Roby v. McKesson, the California Supreme Court's latest decision on the requirements for establishing managing agent status.
Although elderly residents are awarded certain nursing home rights, some facilities, either unknowingly or intentionally, may violate these basic rights. If you suspect your loved one is being abused in a nursing home or otherwise deprived of their nursing home resident rights, such as bed sores, dehydration, malnutrition, under staffing, physical abuse, you should immediately contact us toll free at 1.866.999.9085 or on-line at www.thepecklawgroup.com for a free thorough case review and evaluation. This case review is being offered at no cost and shall help determine whether you should take legal action on behalf of your elder / dependent adult loved one. We Will Help You!!!
