Speiginer v. Bennett
This is an appeal from a judgment in favor of Gary Speiginer and Rennae Speiginer, plaintiffs and appellants (plaintiffs), following a jury trial on their complaint for damages against defendant and respondent, Ben Bennett, Inc. (defendant), alleging among other things elder abuse and the wrongful death of their 91-year-old father, Julius Speiginer. The jury found defendant, the operator of the nursing home where Julius Speiginer had been a resident a month before his death, was negligent but that defendant’s negligence was not a cause of Mr. Speiginer’s death. The jury found that Julius Speiginer and defendant were equally liable for Mr. Speiginer’s injuries, which included stage IV decubitus ulcers and metastatic prostate cancer. The jury determined $25,000 to be adequate compensation for Mr. Speiginer’s noneconomic damages.
Plaintiffs raise various claims of purported error that occurred at trial, including the erroneous exclusion of evidence and failure to properly instruct the jury. We recount the details of plaintiffs’ claims, below, in our discussion of the pertinent issues. We conclude either the trial court did not err in the ways about which plaintiffs complain, or if error occurred, that plaintiffs have failed to demonstrate it was prejudicial. Therefore, we will affirm the judgment.
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