Partner Alicia Kennon, supported by senior associate Michelle Yang, obtained summary judgment on behalf of a dietitian accused of underfeeding a patient. The ruling resolved the claims against the client in a case involving a persistent $1 million policy-limit demand and a separate $2 million settlement by the co-defendant facility.
The result was particularly significant given the potential exposure associated with elder abuse claims, including attorney fees in addition to damages. The defense maintained for more than two years that the claims against the dietitian lacked merit, while the plaintiff continued to demand the full policy limit.
"Cases involving allegations of elder abuse require careful attention to both the seriousness of the allegations and the evidence supporting them," said Kennon. "Our focus throughout this litigation was on our client's individual role and the documented record. This result reflects the importance of developing that record thoroughly and presenting a clear basis for summary judgment."
Kennon led the defense and served as its principal advocate. Yang undertook an extensive review of thousands of records, developed graphs to organize the information, and helped build the evidentiary presentation supporting the motion. Their coordinated work allowed the team to bring a complex factual record into focus for the court.
The summary judgment ruling brought a decisive end to the claims against the dietician, underscoring how meticulous preparation and focused advocacy can defeat a policy-limit demand in a high-exposure elder abuse case.
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