Attorney successfully obtained an Order limiting Plaintiff's recovery of damages at trial
Attorney successfully obtained an Order limiting Plaintiff's recovery of damages at trial. Plaintiff filed a Complaint alleging nursing home malpractice after the decedent suffered a fall and fractured her hip at the nursing home, which was a publicly owned facility. In addition to its claim for compensatory damages, Plaintiff sought an award of punitive damages, attorney's fees, and pre-judgment interest under the Nursing Home Statute. Relying on the Tort Claims Act, we filed a Motion to Limit Plaintiff's Damages to an award of compensatory damages, should this case be tried to a verdict. We argued that since the nursing home was a public entity, the Tort Claims Act is the gatekeeper for damages to which a plaintiff is entitled. The Court granted our motion and barred Plaintiff from obtaining punitive damages, attorney's fees and pre-judgment interest at the time of trial.