Case details
Parents: Caretakers failed to follow decedent’s special diet
SUMMARY
$400000
Amount
Verdict-Mixed
Result type
Not present
Ruling
KEYWORDS
asphyxia, death, loss of society, pulmonary, respiratory
FACTS
On Nov. 17, 2009, plaintiffs’ decedent Kenneth Wright, a developmentally disabled 41 year old, was at Independence Hall at Knott’s Berry Farm with the Anaheim Behavior Treatment Center Inc., a Monday-to-Friday day program that would take Wright and others in his group into the community. Halfway through lunch, Wright began to vomit and choke on unchewed, ungrated carrots. He subsequently died. Wright’s parents, Rudy Wright and Mary Ann Hudacko, sued Anaheim Behavior Treatment Center; Kenneth Wright’s full-time residence that also prepared all of his meals, Elizabeth G. Santos Inc., which was doing business as Elizabeth Homes; a quasi-government entity that oversaw the care of developmentally disabled adults in their residence and day programs, Regional Center of Orange County Inc.; and the operator of Knott’s Berry Farm, Cedar Fair L.P. Regional Center of Orange County was dismissed from the case prior to trial, while Cedar Fair was voluntarily dismissed from the suit prior to trial. Thus, the matter proceeded to trial against Anaheim Behavior and Elizabeth G. Santos Inc. only. Plaintiffs’ counsel noted that Kenneth Wright had a problem with eating too fast and not chewing his food, and was therefore on a special diet that required all hard to chew vegetables and fruits to be cut into bite-sized pieces. Wright also had a statutorily mandated service plan, which his caretakers were obligated to follow, that set forth specified instructions regarding the monitoring of Wright during meal times. Plaintiffs’ counsel argued that Anaheim Behavior was required to watch Wright on a one-to-one basis, but that Elizabeth G. Santos Inc. and/or Anaheim Behavior failed to follow the plan, which led to Wright choking to death. Anaheim Behavior contended that Wright did not consume the carrots while under their supervision, that they were watching him the entire time during lunch. Thus, it claimed that there was nothing its staff could have done to prevent the choking or death. Elizabeth G. Santos contended that Wright was not under their supervision at the time of death and that he was not fed the carrots by their staff., Kenneth Wright choked and asphyxiated. Paramedics subsequently responded to the scene and transported him to a hospital, where he was pronounced dead. Wright was 41. He was survived by his parents and two sisters. Wright’s parents sought recovery of wrongful death damages for the loss for their son. Specifically, plaintiffs’ counsel asked the jury to award Wright’s parents $3 million in damages for their loss of their son’s love, companionship, comfort, care, assistance, protection, affection, society and moral support.
COURT
Superior Court of Orange County, Orange, CA
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