/ Portfolio / Arellano v. Fillmore Convalescent Center
On December 11, 2009, Mr. Johnson won the largest elder abuse verdict ever recorded in Ventura County, and one of the largest in California history, when the jury awarded his client $7.75 million, plus attorney’s fees and costs. Ms. Arellano was physically abused for at least one year by an employee the facility owner and management knew was committing acts of abuse but did not remove from duty. At least two families complained of the abuse, including complaining in writing, and using the name of the abuser, and yet she was not removed from service. Finally, the Arellano family placed a hidden camera in Ms. Arellano’s room to capture the abuse, and on the basis of that video, the abuser was charged criminally and found guilty of battery. The jury correctly found each defendant had acted with “Recklessness, Malice and Oppression” because the Managing Agents and Owner of the facility allowed the abuse to continue, and awarded $5.0 million in punitive damages. Five months before trial, Mr. Johnson’s clients offered to settle with Eduardo Gonzalez, the owner and administrator, for $99,999.99, only two percent (2%) of his final personal liability ($4,100,000.00). No offers were ever made.