Personal Injury Law

Sacramento Skilled Nursing Facility Owners Responsible For Patient's Death, Part 6 of 20

By Moseley Collins, Esq.

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

The same result obtains here. The XYZ Corporate Defendants wholly own Universal Healthcare, Inc. and reap the financial rewards of its operations. To the extent that they have given over all discretionary authority to run the operations to the charge nurses, director of nursing services, and administrator of that facility, under the reasoning and holding of Textron Financial, those individuals are the managing agents of the XYZ Corporate Defendants irrespective of whether these individuals are housed within a separate corporate shell. The conduct by these managing agents in recklessly neglecting Ms. Hill subjects the XYZ Corporate Defendants to elder abuse and punitive damages liability. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

In addition to the foregoing, the evidence firmly supports a finding that Universal Healthcare, Inc. is merely an alter ego of the XYZ Corporate Defendants. Two general requirements for application of the alter ego doctrine are (1) that there be such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist and (2) that, if the acts are treated as those of the corporation alone, an inequitable result will follow. Automotriz Del Golfo De California v. Resnick, 47 Cal. 2d 792, 796 (1957). (See Part 7 of 20.)

Full post as published by Sacramento Injury Lawyer Blog on November 23, 2010 (boomark / email).