Florida Court Halts $2.4 Million Nursing Home Death Verdict, Citing Juror Dishonesty - Hillsboro Management v. Pagono
In Hillsboro Management v. Pagono, Florida's Fourth District Court of Appeals explains that honesty isn't just the best policy for the parties in a personal injury lawsuit, but also for the jurors being considered to weigh in on any particular case.
Ms. Tremblay was 98 years old when she was admitted to Living Legends Retirement Center in Deerfield Beach. Although an admission chart indicated that she did not need help walking or standing, Tremblay fell several times shortly after moving to the center. According to the court, Tremblay fell a total of 19 times over the course of 26 days she was at Living Legends. She suffered a number of serious injuries as a result, but the court said the evidence was unclear as to whether these injuries actually caused her death on the 26th day.
Tremblay's granddaughter, Ms. Pagono, sued Living Legends' owner (Hillsboro Management) for negligence. She said that the company failed to properly supervise Tremblay and presented evidence at trial of a number of instances in which staff failed to report Tremblay's condition and did not supervise her, despite knowing she was at risk of falling. A jury later returned a verdict in Pagono's favor, awarding her more than $145,000 in past medical expenses, $750,000 in non-economic damages and punitive damages in the amount of $1.5 million.