Glass v. Whills CA2/4
After a jury awarded $1,500,000 in damages to the estate of Milton Glass for breach of contract and negligence in connection with his care at a residential facility for the elderly, defendants, respondents, and cross-appellants Whills, LLC and Leisure Care, LLC moved the court for a partial new trial and a judgment notwithstanding the verdict. In ruling on the motions, the trial court found the jury’s award comprised $500,197 in economic damages and $999,803 in emotional distress damages. Finding that Code of Civil Procedure section 377.34 precluded Milton’s estate from recovering emotional distress damages sustained from a tort, and that such damages could not be awarded on the breach of contract cause of action, the court reduced the damages awarded to Milton’s estate to $500,197. Separately, the court denied Renee’s motion for attorney fees, finding the parties’ contract did not permit them.
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