On Sept. 19, 2009, plaintiff Judith Kohl, 80, a retiree suffering from Alzheimer’s disease and dementia, wandered off the premises at Alpine Charlie’s, an assisted living facility in Alpine, and tripped and fell into a ditch on the side of a road. Kohl sustained an injury to her left hip. Kohl, by and through her guardian ad litem, Betty Watson (her daughter) sued Alpine Charlie’s Inc. and Lisa Clark, the owner and operator of the nursing home. She alleged that the actions of the defendants constituted elder abuse, negligence, willful misconduct, breach of fiduciary duty, and intentional infliction of emotional distress. The matter proceeded to a bench trial. Plaintiffs’ counsel contended that the defendants failed in their fiduciary duty to monitor Kohl, causing her to wander off the premises and sustain an injury. Watson claimed that her mother moved into Alpine Charlie’s in July 2009 because Kohl had fallen at home. Thus, she claimed that the whole point of bringing her mother to the nursing home was so that someone could watch her and prevent another fall, especially considering Kohl’s conditions of Alzheimer’s and dementia. However, she claimed that the staff at Alpine Charlie’s failed in that regard. Watson further contended that she was first alert of her mother’s fall when she received a call from the police, who were contacted after a passerby found Kohl. In addition, she claimed that after receiving the call, she called Alpine Charlie’s to ask about her mother and was told that Kohl was fine. Thus, plaintiffs’ counsel contended that this served as egregious conduct and reckless disregard. Clark and Alpine Charlie’s, appearing pro se at trial, contended that they were not liable for elder abuse and, at best, were liable for negligence., Kohl sustained a left hip fracture, for which she underwent open reduction and internal fixation surgery on Sept. 20, 2009. She then followed up with some rehabilitation therapy. Watson claimed that, prior to the subject fall, her mother was a very active and mobile senior, going out for lunch and other social interactions, but that Kohl now needs assistance when walking. Watson also claimed that Kohl still experiences pain and discomfort in her left hip. Thus, plaintiffs’ counsel asked the court to award $1 million in damages for Kohl’s pain and suffering. The defendants did not dispute the severity of Kohl’s injury.