In June 2012, plaintiff’s decedent Virginia Curtis, a 92 year old who had mild/moderate Alzheimer’s disease, was admitted to Sunflower Gardens, a residential care facility for residents with Alzheimer’s disease and/or dementia. A few days after she was admitted, Curtis was assaulted by another resident. Caregivers who were just feet away ran to the scene, but were unable to prevent a fall. Curtis was then rushed to a hospital with numerous . Although a treating neurosurgeon expected Curtis to recover without surgical intervention, Curtis’ family decided to withdraw all medical interventions, discontinue regular medications, and only provide comfort care. Curtis ultimately died five days later. The decedent’s children, James and Loren Curtis, sued the operator of Sunflower Gardens, Midwest Care Sunflower, LLC; the manager of Sunflower Gardens, Meridian Senior Living, LLC; the trustee of the estate of Paul Pearce (the assailant), Cynthia Pearce; and Paul Pearce’s widow, Beata Pearce. The trustee of the decedent’s estate, Stephen Tapley, brought a separate action against Midwest Care Sunflower, Meridian Senior Living, Cynthia Pearce, and Beata Pearce. In addition, he sued the executive director of Sunflower Gardens, Violet Lazarescu. The matters were consolidated, However, the matter ultimately continued with only the estate’s claim against Meridian Senior Living, Midwest Care Sunflower, and Lazarescu. The estate alleged that the actions of Meridian Senior Living, Midwest Care Sunflower, and Lazarescu constituted elder abuse, causing the decedent’s wrongful death. Plaintiff’s counsel contended that Meridian Senior Living, Midwest Care Sunflower, and Lazarescu recklessly and maliciously abused and neglected Virginia Curtis by failing to supervise the residents, admitting a resident with a violent history of agitation and aggression, and allowing him to freely move about the facility and interact with other residents, including the decedent. Counsel presented evidence that the resident allegedly responsible for the assault, Paul Pearce, had prior locked psychiatric hospitalizations because of violent aggressive behavior, including an attack on a caregiver. Counsel also noted that the Orange County Sheriff’s Department investigated the assault and death of Virginia Curtis as a homicide. Thus, plaintiff’s counsel argued that the facility administrator and the corporate defendants placed their financial and occupancy goals ahead of the care and safety of the residents. Lazarescu, Meridian Senior Living and Midwest Care Sunflower claimed that they were not responsible for the tragic and unpreventable accident. Defense counsel argued that Virginia Curtis’ , while very tragic, were unpredictable and unpreventable. Counsel also presented evidence and testimony from multiple treating physicians and experts in the field of geriatric psychiatry who agreed that the resident that pushed Virginia Curtis was appropriate for Sunflower Gardens and did not present a known danger to other residents. The experts also agreed that residential care facilities are mandated to provide care in the least restrictive environment, and must allow residents to socialize with other residents and move freely about the facility without physical or chemical restraints. In response, plaintiffs’ counsel noted that Paul Pearce’s treating psychiatrist opined that Paul Pearce was “questionable on admission” and that there needed to be hypervigilance about his case because of his history of impulsive and unpredictable actions., The estate of Virginia Curtis sought recovery of $6 million in compensation, including attorney fees and an award of punitive damages to punish the defendants.