Tyson & Mendes Wins Defense Verdict in $9.4 Million Elder Neglect Case: The Firm’s Defense Methods Showed Common Sense and Reasonableness in Meeting the Standard of Care

Tyson & Mendes Wins Defense Verdict in $9.4 Million Elder Neglect Case: The Firm’s Defense Methods Showed Common Sense and Reasonableness in Meeting the Standard of Care

Orange County, Calif.  (October 2nd, 2023) – In a major defense win, national civil defense firm Tyson & Mendes achieved a defense verdict for its client, Assisting Hands Home Care, a non-skilled home care company accused of liability following the death of one of its clients.

The case, Estate of Simon Nord et al v. Assisting Hands Home Care et al, held in the Orange County Superior Court, marked a significant defense win for Tyson & Mendes, with the plaintiffs’ asking for over $9.4 million in damages and the jury rejecting their claim. Tyson & Mendes and the defendants had offered the plaintiffs $150,000 to settle the case.

The negligence and elder neglect case involved the death of a 95-year-old man who fell from a seated position in his home and subsequently passed away from his injuries. The plaintiffs were three of the decedent’s adult children, all of whom were retirement age. Plaintiffs’ counsel argued Assisting Hands Home Care and one of its employees, a caretaker, were responsible for their father’s death through negligent caregiving.

Tyson & Mendes prevailed in this case through the use of its proven defense methods: accepting responsibility, giving a defense number, arguing pain and suffering, and personalizing the corporate defendant. The defense accepted responsibility for providing the best non-skilled care possible. They provided a defense number of $150,000 based on the facts of the case, anchoring the value of the case on the defense side. And the defense personalized the home care company for the jury. Important to the latter method, the owner of the skilled nursing facility was present at the courthouse every day. She ultimately testified on behalf of her company. The methods were based in the themes of common sense and reasonableness, proven to defuse juror anger and reduce large jury awards.

Harry Harrison and Emily Beck, Partners at Tyson & Mendes’ San Diego office, defended the case.

“We represented Assisting Hands, the decedent’s non-skilled home care company as well as his individual caretaker – both were providing services to him at the time of the fall. Ultimately the jury found no negligence by the caregiver,” said Harrison. “They did find negligence on the part of Assisting Hands (related to record-keeping), but determined it was not causally related to the death of the decedent. Our clients provided minimal, non-medical services to the elderly gentleman. Through common sense and reasonableness, they were able to distinguish the finding of negligence from the facts of this case and deliver a defense verdict, as there was no causation.”

Beck expressed gratitude to the jury for their service and careful attention to the evidence presented. “We extend our sympathies to the family of this elderly gentleman, but are grateful the jury understood the facts and applied the law. We trusted them to return to our themes of common sense, reasonableness, and responsibility in reaching a just verdict, and their care in assessing the facts was evident.”

Serving 20 states nationwide, Tyson & Mendes is one of the fastest growing civil defense firms in the U.S. The firm has established itself as a leader in driving down damages awards and reducing the likelihood of Nuclear Verdicts® – often defined as jury awards in excess of $10 million. Using a unique set of proven defense methods, the firm saved clients more than $1.07 billion in 2022.

For more information and to view career opportunities, visit tysonmendes.com.


About Tyson & Mendes LLP

Tyson & Mendes LLP is a nationwide, AV-rated litigation and trial firm specializing in insurance defense and protecting its clients from Nuclear Verdicts®. Robert Tyson and Patrick Mendes founded the firm in 2002 to defend corporations, insurance companies, and their clients in civil litigation matters. The firm has experienced tremendous growth in the past two decades, with offices across the U.S. serving clients in Arizona, California, Colorado, Connecticut, Florida, Iowa, Illinois, Massachusetts, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Tennessee, Texas, Utah, Washington, and Wisconsin.

The firm is most widely recognized for winning the landmark Howell v. Hamilton Meats California Supreme Court case, which forever changed the state’s litigation landscape by significantly impacting the damages a plaintiff may recover. In 2022, the firm launched the Nuclear Verdicts Defense Institute, the only trial academy that teaches defense attorneys how to stop Nuclear Verdicts®. Robert Tyson is also the author of the Amazon Bestseller Nuclear Verdicts®: Defending Justice for All, the first (and only) playbook for the defense on how to avoid runaway jury verdicts.

For more information, visit www.tysonmendes.com.


Media Contact:

Molly Pincherli/Jean Walcher, J. Walcher Communications
molly@jwalcher.com / jean@jwalcher.com, 619-295-7140




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