22 T HE B AR J OURNAL
Verdicts & Decisions Summaries
Summaries of recent Jury Verdicts & Decisions will be published here in each
Bar Journal. To view the full reported verdicts of current and past decisions,
visit the SCBA website at www.sonomacountybar.org, under “Practice
Resources/Verdicts and Decisions.”
GIBSON V. COTTAGE BONFIGLI V. STRACHAN, ET. AL.
PARK PLACE LP. ET. AL. Superior Court of Sonoma County
Superior Court of Sacramento County Case No. SCV-239528
Case No. 34-2007-00884277-CU-PO-GDS Date: April 30, 2009
Date: March 26, 2009 ATTORNEY: Plaintiff
ATTORNEY: Plaintiff Michael G. Watters, Andrew G. Watters
and Deirdre Taber Kingsbury, of O’Brien,
Sanford L. Horowitz, Sonoma, CA
Watters & Davis LLC.
ATTORNEY: Defense
ATTORNEY: Defense
David F. Beach, Oscar A. Pardo, Perry, Johnson,
Rachecl Dollar, Heather Bussing, and Allison Tussey,
Anderson, Miller & Moskowitz, LLP., Santa Rosa, CA
Smith & Dollar, PC, for Defendant Michael D. Smith
FACTS: Elizabeth Gibson, age 83, had been in defen- Gordon Strachan, Strachan, Strachan & Simon, Utah,
dants Gramercy Court’s facility for a number of for Defendant Alan Strachan
years. Her three surviving children filed an action
FACTS: The complaint alleged that Alan Strachan and
alleging that she was recklessly neglected at the facili-
Michael D. Smith were the fiduciaries of the plaintiffs
ty and defendants neglect led to her death at Sutter
by virtue of a power of attorney executed in connec-
Hospital on June 22, 2006. The suit alleged Elder
tion with an option agreement that the plaintiffs
Abuse, ,Violation of Rights, and Wrongful Death.
granted to Courtside Village LLC, a company of
Ms. Gibson died from acute renal failure allegedly
which Mssrs. Strachan and Smith were managers. It
due to defendants neglect in providing hydration and
further alleged that Mr. Strachan had made misrepre-
proper nutrition and in allowing numerous pressure
sentations to the Bonfiglis in connection with the
sores and infections to develop without adequately
sale and optioning of their property and sought to
caring for them Following investigation, the State
assign responsibility to Mr. Smith based on theories
Department of Public Health levied a “AA” citation
of agency and conspiracy. The complaint sought
against Gramercy and its managing LLC for their
compensatory and punitive damages for intentional
reckless care of Ms. Gibson. Defendants asserted that
misrepresentation, concealment, false promise, breach
Ms. Gibson was in avoidable decline and did not die
of fiduciary duty, trespass and elder abuse. On April
due to their neglect. Defendants have challenged the
23, 2009, after the close of evidence, Judge Robert
“AA” citation.
Boyd directed verdict in favor of the defense on the
Settlement Discussions: After extensive discovery, causes of action for trespass and elder abuse. The
claims for intentional misrepresentation, concealment,
expert review, and depositions, the case was mediated
false promise and breach of fiduciary duty were sub-
on March 25, 2009, at JAMS, Santa Rosa, before mitted to the jury.
mediator John McGlynn.
Settlement Discussions: Plaintiffs lowest offer was
RESULT: The case settled for $401,000 at mediation. $750,000 (increasing to $1,000,000 on the day of
trial.) Defendants offered up to $300,000 in settle-
ment.
RESULT: Defense verdict. The Jury deliberated for
two days.involved.