St. Louis County Jury Returns Defense Verdict in Wrongful Death Case05/03/2022
Dave Boresi and Niki Long received a defense verdict after a 7-day jury trial in St. Louis County, Missouri. The case involved the alleged wrongful death of a 90-year-old woman who had hired BrightStar Care of Kirkwood to provide live-in personal caregivers at her home. The decedent collapsed in her home while under BrightStar’s care and suffered a lumbar compression fracture and a hairline fracture in her elbow. She died 11 days later. The decedent’s family asserted counts for wrongful death and punitive damages against BrightStar, the on-duty caregiver, the owner, and the director of nursing. Plaintiffs claimed defendants were negligent in hiring, training, and supervising the on-duty caregiver. Before closing arguments, the Court found that plaintiffs failed to present substantial evidence to support their claim for punitive damages, and further refused to submit the case against the on-duty caregiver, owner, and director of nursing individually. In closing arguments, plaintiffs’ counsel asked the jury to return a verdict of up to $43.5 million. After deliberating for just over an hour, the jury returned a verdict in favor of BrightStar Care.