Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Trial Pleadings

Requests Court grant summary judgment on elder abuse claim because: plaintiff is not vulnerable adult; Adult Protective Services Act exempts defendants from liability and does not address treatment at issue; defendants did not intend to cause injury; evidence does not justify punitive damages

Ariz.R.Civ.P. 56 and Ariz.Rev.Stat.Ann. §46-451 et. seq. and §46-455 and §46-455(A), (B), (D) and §46-451(9) and §14-5101(1)

Arizona
Complaint, 2013, 3 pgs
Trial Pleadings

Alleges elder abuse, wrongful death and vicarious liability for all acts and failure to act by each defendant; requests trial by jury, compensatory and punitive damages, attorney's fees and costs

Ariz.Rev.Stat.Ann. §12-611 et seq. and §46-451 et seq. and §46-455

Arizona
Trial Pleadings

Requests Court deny motion to preclude expert witness standard of care opinions because this matter is not a medical malpractice action

Ariz.Rev.Stat.Ann. §46-451 et seq., (A)(10) and §12-2604 and §12-2604(A), (A)(2)(a), (A)(2)(b) and §46-455 and §14-477 and Ariz.R.Evid. 702 and 703 and 801

Arizona
Trial Pleadings

Requests Court deny motions because corporate entities are subject to liability pursuant to direct liability, vicarious liability and under alter ego theory; evidence permits punitive damages go to the jury

Ariz.Rev.Stat.Ann. §46-451(A)(10) and §46-455(B) and §14-477

Arizona
Trial Pleadings

Requests Court deny summary judgment with respect to punitive damages because defendants served their own interests knowing applicable standard of care violations created risk of harm to others

Ariz.Rev.Stat.Ann. §12-2604 and §12-2604(A) and §46-455 and §46-455(B) and §12-561 and §12-2603 and Ariz.R.Evid. 702

Arizona
Trial Pleadings

Requests Court deny motion and admit references to regulations governing hospitals' standard of care because failures of care are relevant to the issues in this case

Ariz.Rev.Stat.Ann. §46-455

Arizona
Trial Pleadings

Requests Court overrule objection and award suit costs or, in alternatively, award taxable costs because Adult Protective Services Act entitles successful plaintiffs to costs

Ariz.Rev.Stat.Ann. §46-455 and §45-455(H)(4), (H)(5), (M), (O), (P) and §12-332 and §12-332(A) and §14-3110

Arizona
Trial Memorandum, 2012, 7 pgs
Trial Pleadings

Recommends Court render Adult Protective Services Act inapplicable because: wheelchair van services are not a medical care issue; adult residential facilities and nursing home abuses are not at issue; evidence does not support claims for gross negligence or reckless disregard for circumstances

Ariz.Rev.Stat.Ann. §36-2201 and §36-2201(3), (29) and §36-2212 and §36-2223 and §46-451 et seq. and §46-455(B), (B)(1), (2) and Ariz.Sess.Laws Ch. 118 §1 and Ch. 161 §5, §8 and Ch. 129 §2

Arizona
Complaint, 2012, 4 pgs
Trial Pleadings

Alleges elder abuse, medical malpractice and wrongful death of incapacitated and vulnerable adult; requests actual and consequential damages, punitive damages, attorney's fees and costs

Ariz.Rev.Stat.Ann. §46-451 and §46-455 and §12-561 et seq.

Arizona
Trial Pleadings

Requests Court enter summary judgment and dismiss claims because defendants did not cause or contribute to alleged injuries or damages

Ariz.R.Civ.P. 56 and Ariz.Rev.Stat.Ann. §46-455 and §46-455(B)

Arizona
Trial Pleadings

Requests Court deny summary judgment because corporate entities are defendants in this matter due to their association, ownership, management and control

Ariz.Rev.Stat.Ann. §46-455(B) and §12-561 et seq. and §46-451 et seq. and §12-2604

Arizona
Trial Pleadings

Requests Court deny trial memorandum because: deadline for dispositive motions expired; a fiduciary relationship existed; Adult Protective Services Act application is a question of law

Ariz.Rev.Stat.Ann. §46-455 and §46-455(B), (c) and §14-5101 and §14-5101(1) and §46-451(A)(9)

Arizona
Trial Pleadings

Recommends Court disallow jury instructions based on allegations the Institute breached a fiduciary duty owed both plaintiffs and, with respect to one plaintiff, the Adult Protective Services Act because it is not a long-term care facility and there was no fiduciary duty

Ariz.Rev.Stat.Ann. §46-456(A), (B), (2) and §14-7302 and §46-455(B), (B)(1), (B)(2), (C) and §36-411(A) and Ariz.Sess.Law Ch. 118 §1 and Ch. 161 §5, §8 and Ch. 129 §2

Arizona
Other Materials

Argues Court must enter judgment in petitioner's favor because respondent breached fiduciary duty and financially exploited vulnerable or incapacited adults

Arz.Rev.Stat.Ann. §46-556(6)(3), (f) and §14-5506(a) and §14-5422 and §46-451 et seq. And §46-451(A)(5), (0), (a)(5), (10) and §46-456 and §46-456(A), (B), (C), (D), (E), (G)(3), (a), and §14-7302 and §46-455(L), (H)

Arizona
Other Materials

Argues Court must enter judgment in respondent's favor because: 2003 amended Adult Protective Services Act does not apply to challenged conduct; petitioner lacks estate representative standing; owner had requisite capacity to transfer joint tenancy interests and cash treasury notes; no fiduciary obligation existed

Ariz.Rev.Stat.Ann. §46-456 and §46-456(A), (B), (C) and §14-3601 et seq. and §46-455(L) and §14-7301 and §14-7303 and §14-6212

Arizona
Trial Pleadings

Requests Court subsum abuse of power of attorney allegation into financial exploitation of a vulnerable adult claim, grant motion in plaintiff's favor on fraud and award treble damages because there is no genuine issue of material fact

Arz.R.Civ.P. 56(c)(2) and Ariz.Rev.Stat.Ann. §14-5101 and §46-456 and §46-456(B) and §46-451(A)(9), (A)(10), (1)(4),(I)(4)(c), (I)(4)(a), (b), (c)

Arizona
Answering Brief, 2010, 4 pgs
Other Materials

Argues neither Plaintiff nor Estate can claim human life as an element of compensatory damages. Requests court affirm judgment (2010)

A.R.S. §12-542; A.R.S. §46-455; Rule 54(b) Ariz. R. Civ. P

Arizona
Trial Pleadings

Requests Court deny motion because expert testimony on applicable abuse and neglect standards, regulations and practices is admissible

Ariz.R.Evid. 704

Arizona
Trial Pleadings

Requests Court deny motion because: claim is not a medical malpractice action requiring statute compliance; expert testimony is not required; Adult Protective Services Act permits a lawsuit for neglect; defendant is liable for his own negligence

Ariz.Rev.Stat.Ann. §12-2604 and §46-451(A)(1) and §46-455 and §46-455(B), (O) and Arz.R.Evid. 702 and Ariz. Admin. Code R9-10-904(D) and R9-10-905 and R9-10-906

Arizona
Answering Brief, 2010, 17 pgs
Other Materials

Argues Court must affirm judgment in defendants' favor because no authority holds the value of human life as an element of damage

Ariz.Rev.Stat.Ann. §12-542 and §46-455 and Ariz.R.Civ.P. 54(b)

Arizona
Other Materials

Argues Court must uphold the right to seek damages for a lost life's value, vacate summary judgment and remand this case to superior court for trial because a jury can estimate the intangible value of a lost life

Ariz.Rev.Stat.Ann. §46-456(B), (G), (M)

Arizona
Trial Pleadings

Requests Court deny motion because issues of fact exist regarding elder abuse, wrongful death, direct and vicarious negligence liability, disregard of the corporate separateness, tortious acts, and omissions

Ariz.Rev.Stat.Ann. §46-455 and §46-455(B) and §14-477

Arizona
Trial Pleadings

Requests Court grant motion on punitive damages issue because there is no evidence defendants consciously disregarded a known risk or intended to harm the decedent

Ariz.Rev.Stat.Ann. §12-612(A)

Arizona
Trial Pleadings

Recommends all claims be denied because: assets were applied for plaintiff's benefit; a third party advised plaintiff on specific transactions; facts do not establish negligent misrepresentation, breach of fiduciary or confidential duty; plaintiff voluntarily transferred vehicle title; facts fail to show defendants impoverished plaintiff; questioned transactions are not trust assets entitled to an accounting

Ariz.Rev.Stat.Ann. §46-456 and §14-10813 and §14-10102

Arizona
Complaint, 2008, 3 pgs
Civil Case Pleadings & Materials

Alleges guilt for theft and financial exploitation of vulnerable adult. Requests treble monetary damages, attorney's fees and costs (2008)

A.R.S. §13-1802; A.R.S. §46-451; A.R.S. §46-456

Arizona

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