$1.7 Million Awarded in Retirement Home Death

A jury on Tuesday ordered a Fullerton retirement home to pay $1.7 million in damages to the daughter of a former resident who suffered a stroke in her room but wasn’t discovered by caretakers for 15 hours and later died.

The award capped a 2-week trial in which relatives of Bernice Czohara, 82, contended that Morningside of Fullerton, billed as one of the region’s premier retirement homes, contributed to the woman’s death.

Jurors agreed that Morningside was responsible for the negligent infliction of emotional distress as well as negligence. But the panel was divided over claims that Morningside acted recklessly and committed fraud and elder abuse.

Despite the mixed verdict, Czohara’s daughter, Debbie Louis, said she was pleased with the outcome and said it should serve as a cautionary tale.

“I hope it sends a message to people who are considering moving their relatives into these types of places,” Louis said. “You don’t always get what you’re promised.”

But lawyers for Morningside continued to maintain that the home was not responsible for the woman’s death.

“We definitely feel this was a verdict based on sympathy as opposed to the facts of the case,” lawyer Jim Parrett said. “Obviously we don’t agree with the overall verdict, but we’re pleased the jury [didn’t] find [Morningside] . . . guilty of fraud or recklessness.”

Attorneys for both sides said it was likely that an out-of-court settlement could be reached before the judge decides whether to uphold the jury’s damage award. In order to avoid further court proceedings, the parties are considering a $500,000 settlement. But that agreement has yet to be finalized.

The case centers on the care Czohara received at the villa-like compound at Morningside, one of a growing number of high-end retirement communities that cater to wealthy seniors.

Louis said that her mother paid more than $250,000 to live at Morningside because operators promised regular room checks. But her attorneys charged that the home failed to make those checks when her mother needed it most.

That moment came when Czohara arose early one morning two years ago, fell, broke her shoulder and suffered a stroke.

According to the suit, Louis discovered her mother on the floor, naked and unable to reach her telephone late that evening. Had the retirement home staff conducted its advertised room checks at 10 a.m., the suit asserted, Czohara’s life might have been saved.

Lawyers for Morningside said Czohara’s physical condition had been worsening for some time, and it was unclear exactly when she suffered the stroke.

Czohara, who had lived at the facility only two months, died nearly two weeks after her fall.