In Order To Receive Punitive Damages In an Elder Abuse Case in California the Plaintiff Must Prove That The Conduct Was Authorized and / or Ratified by a Managing Agent

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 1 min read

The California Court of Appeal (Second Appellate District, Division Five) permits a plaintiff in an employment case to seek punitive damages from her employer.

The plaintiff, a drug store employee, accused her supervisor of sexual harassment. She sued her employer for compensatory and punitive damages, but the trial court granted the defendant’s motion for summary adjudication on the issue of punitive damages. The court ruled that the plaintiff presented no evidence that her supervisor’s misconduct was was approved by a corporate “managing agent,” as required to obtain punitive damages against a corporation under California Civil Code section 3294 says California Nursing Home Abuse and Neglect Attorney Steven Peck.

The Court of Appeal disagreed. It said the plaintiff presented evidence that she complained to the defendant’s regional manager, who was responsible for managing every aspect of the day-to-day operations at approximately 25 stores. The court said this evidence demonstrated a sufficient level of independent discretionary authority to support a finding that the regional manager was a managing agent. Curiously, the court did not cite Roby v. McKesson, the California Supreme Court’s latest decision on the requirements for establishing managing agent status.

Share it

Questions? Check with Peck Today

Blog Lead Form

Elder Abuse and Neglect in Assisted Living Facilities

Elopement in Nursing Homes

Assisted Living Abuse

Settlement Reached in Assisted Living Facility Death

Assisted Living Abuse and Neglect Attorneys

Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.