On June 30, 2012, plaintiff’s decedent Marjorie Fitzpatrick, an elderly woman suffering from dementia, was enrolled in one of Timber Ridge’s McKinleyville assisted living facilities because it had a memory care unit. However, Fitzpatrick, who was suffering from severe anxiety, was not provided the anti-anxiety medication that she was prescribed. On the evening of Sept. 28, 2013, Fitzpatrick, 90, escaped through what was supposed to be a locked and alarmed door, and got into an interior courtyard, where she fell. She was in the courtyard for 50 minutes before she was discovered. Fitzpatrick ultimately died from her two weeks later. One of Fitzpatrick’s three daughters, plaintiff Valerie Monschke, sued the operator of the assisted living facility, Timber Ridge Assisted Living of McKinleyville LLC, and its managing agent, Western Living Concepts Inc. Monschke alleged that the defendants’ actions constituted elder abuse, resulting in her mother’s wrongful death. Plaintiff’s counsel contended that Fitzpatrick was never assessed prior to her admission to the Timber Ridge facility in violation of the law. Counsel argued that the defendants had a custom and practice of not assessing residents in order to increase their census and that if Fitzpatrick had been properly assessed, she would not have been admitted in the first place. Counsel also argued that the defendants failed to provide Fitzpatrick with any anti-anxiety medication, which would have prevented her from escaping and that the defendants had a custom and practice of violating the law regarding medications. Plaintiff’s counsel further argued that the defendants’ staff was poorly trained and incapable of taking care of someone with Fitzpatrick’s level of dementia. In addition, plaintiff’s counsel argued that the defendants attempted a cover-up to prevent evidence of what had actually occurred to Fitzpatrick, including the destruction of a video of the fall and multiple eyewitness reports. The plaintiff’s medical causation expert opined that the failure to provide medication to Fitzpatrick was a causative factor in Fitzpatrick’s death. He also opined that the defendants’ practice of not calling the physician prior to giving or withholding medication constituted elder abuse. The plaintiff’s standard of care expert opined that the failure to train staff, failure to provide assessments, and failure to follow the law regarding medications constituted elder abuse. Defense counsel contended that Fitzpatrick was properly assessed, that Fitzpatrick was actually not anxious on the day of her escape, that the failure to give the anti-anxiety medication was not a cause of Fitzpatrick’s escape, and that Fitzpatrick’s escape into the courtyard did not fall below the standard of care. Counsel also argued that Fitzpatrick’s daughters were actually negligent for not informing the defendants about falls that Fitzpatrick had suffered prior to being admitted. The defense’s standard of care and causation expert disagreed with the plaintiff’s experts’ opinions. However, according to plaintiff’s counsel, the defense expert essentially conceded that Fitzpatrick should not have escaped into the courtyard., Fitzpatrick suffered fractures to her face and a displaced fracture of the right wrist. She also sustained a subdural hematoma. Fitzpatrick was subsequently taken to a hospital, but ultimately died from her two weeks later. She was 90 years old, and she was survived by three adult daughters. Monschke sought recovery of wrongful death damages for the loss of her mother.