Norman

Norman v. Life Care Centers of America, Inc.

Good Law

107 Cal. App. 4th 1233·132 Cal. Rptr. 2d 765·2003 Cal. App. LEXIS 570·2003 Daily Journal DAR 4113·2003 Cal. Daily Op. Serv. 3234

Court of Appeal of CaliforniaMarch 26, 2003D039240California8,093 words

Opinion

McDONALD, J.

Plaintiff Nancy Norman, individually and as successor in interest of decedent Dorothy Quartermaine, appeals a judgment following a jury verdict in favor of defendants Life Care Centers of America, Inc., Life Care Center of Vista, and Vista Medical Investors (collectively LifeCare) in her elder abuse and wrongful death action against LifeCare. Norman contends the trial court prejudicially erred by: (1) refusing to instruct on negligence per se (BAJI No. 3.45); (2) excluding evidence of records of the State Department of Health Services (DHS) regarding LifeCare’s violations of regulations in caring for other patients; and (3) excluding part of DHS’s records regarding LifeCare’s violation of regulations in caring for Quartermaine. We reverse the judgment and remand for further proceedings.

Factual and Procedural Background

LifeCare operates a licensed skilled nursing facility that provides skilled nursing care for long-term residents and is subject to state and federal regulations. On January 16, 1999, Quartermaine, Norman’s 87-year-old mother, was admitted as a resident of LifeCare’s nursing facility. LifeCare noted Quartermaine suffered from dementia, myasthenia gravis…

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