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BUTTE COUNTY SUPERIOR COURT
COUNTY OF BUTTE, STATE OF CALIFORNIA
F Sugerior Court
of CaliforniaF
C oumy of Butte I
I
VERDICT FORMS L L
E
N NOT USED E JUL
imb
1 it 2021
er. Clerk
D
puty
Patsy Newton et a1,
Plaintiff.
Vs CASE # 20CV01091
Enloe Medical Center,
Defendant.
2
34567009
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
PATSY NEWTON, individually; HAROLD Case No. 20CV01091
10 NEWTON; individually; SUZANNE BOLEN,
individually. VERDICT FORM TWO
11
Plaintiffs,
CAUSE OF ACTION NO. l -
12 ELDER NEGLECT
13 VS.
14 -
ENLOE MEDICAL CENTER; and DOES 1
15 50, inclusive,
16
Defendants,
17
18
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_1 _
VERDICT FORM Two - CAUSE OF ACTION NO. l - ELDER NEGLECT
Only use this form after having followed the instructions in Verdict Form One.
23456700
We, the jury, answer all of the following questions submitted to us, understanding that we have
been instructed that Plaintiff Patsy Newton must prove each of the questions below by the standard
of more likely than not.
admin:
1- Was Patsy Newton 65 years of age or older at all times relevant to her claim for
damages against Enloe Medical Center?
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10 Yes No
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12 If your answer to question l is yes, then answer question 2. If you answered no,
13 stop here, answer no further questions on this verdict form, have the presiding
14 juror sign and date this form.
15
16 2- Was Patsy Newton in Enloe Medical Center’s care or custody?
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18 Yes No
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20 If your answer to question 2 is yes, then answer question 3. If you answered no,
21 stop here, answer no further questions on this verdict form, have the presiding
22 juror sign. and date this form.
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24
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26 3- Did defendant fail to use the degree of care that a reasonable person in the same
27 situation would have used in providing for Patsy Newton’s basic needs, including:
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VERDICT FORM Two -CAUSE 0F ACTION No. 1- ELDER NEGLECT
Providing nursing care for her physical and mental health needs or protecting Patsy
23456700
Newton fiom health and safety hazards?
Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no,
stop here, answer no fiirther questions on this verdict form, have the presiding
juror sign and date this form.
9 4- Was defendant’s conduct a substantial factor in causing harm to Patsy Newton?
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11 Yes No
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13 If your answer to question 4 is yes, then answer question 5. If you answered no,
14
stop here, answer no further questions on this verdict form, have the presiding
15 juror sign and date this form.
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17 5- What are Patsy Newton’s non-economic damages for past physical pain, mental sufi‘ering,
18 loss of enjoyment of life, grief, anxiety, depression, humiliation and emotional distress as a
19 result of defendant’s conduct upon which you base your above findings?
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VERDICT FORM Two - CAUSE 0F ACTION N0. 1-ELDER NEGLECT
6- What are Patsy Newton’s non-economic damages for future physical pain, mental
2
suffering, loss of enjoyment of life, grief, anxiety, depression, humiliation and emotional
distress as a result of defendant’s conduct upon which you base your above findings?
3456700
9 7- What are Patsy Newton’s economic damages for past medical expenses as a result of
10 defendant’s conduct upon which you base your above findings?
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12
13
14
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17 8- What are Patsy Newton’s economic damages for future medical care as a result of
18 defendant’s conduct upon which you base your above findings?
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i
25 Dated: Signed:
26 Presiding Juror
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. _4 _
VERDICT FORM Two - CAUSE 0F ACTION N0. 1
- ELDER NEGLECT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
PATSY NEWTON, individually; HAROLD NO. 20CV0109I
NEWTON, individually; SUZANNE BOLDEN,
individually, ASSIGNED TO JUDGE TAMARA L.
MOSBARGER FOR ALL
Plaintiffs, PURPOSES
VS. SPECIAL VERDICT FORM
ENLOE MEDICAL CENTER; and DOES 1 - 50,
et al.,
Defendants.
We answer the questions Submitted to us as follows:
Neglect
We answer the questions submitted to us as follows:
I. Was Plaintiff Patsy Newton 65 years of age or older while she was in Enloe
Medical Center’s care or custody?
No Yes
lf your answer to question l is yes, then answer question 2. If you answered no,
stop here, answer no further questions in this section, and have the presiding juror
sign and date this form.
2.Was Patsy Newton in Enloe Medical Center’s care or custody?
No Yes
'
If your answer to question 2 is yes, then answer question 3. If you answered no,
stop here, answer no further questions in this section, and have the presiding juror
sign and date this form.
3. Did Enloe Medical Center fail to use that degree of care that a reasonable
person in the same situation would have used in assisting in personal hygiene, wound
care, providing medical care for physical and mental health needs, protecting plaintiff
Patsy Newton from health and safety hazards, and preventing malnutrition and
dehydration?
No Yes
If your answer to question 3 is yes, then answer question 4. lf you answered no,
stop here, answer no further questions in this section, and have the presiding juror
sign and date this form.
4. Was Enloe Medical Center’s conduct a substantial factor in causing harm to
plaintiff Patsy Newton? ?
No Yes
4. If your answer to question 4 is yes, then answer questions 5 and 6. If you
answered no, stop here, answer no further questions in this section, and have the
presiding juror sign and date this form.
5. What are Patsy Newton’s damages?
A. Past economic loss
Medical Expenses $
Other past economic loss $
Total Past Economic Damages $
B. Future economic loss
Medical Expenses $
Other future economic loss $
Total Future Economic Damages $
C. Past noneconomic Loss [physical pain/mental suffering] $
D. Future noneconomic loss ]physical pain/mental suffering] $
6. Did Patsy Newton prove by clear and convincing evidence that an officer, a
director, or a managing agent of Enloe Medical Center had advance knowledge of the
unfitness of the employee and employed them with a knowing disregard of the rights
or safety of others?
No Yes
If your answer to question 6 is yes, then answer question 7. If you answered no,
stop here, answer no further questions in this section, and have the presiding juror
sign and date this form.
7. Did Patsy Newton prove 1 through 4 above by clear and convincing evidence
and also prove by clear and convincing evidence that the employee acted with
recklessness, malice, oppression, or fraud?
'
No Yes
If your answer to question 7 is yes, then answer question 8. If you answered no,
stop here, answer no further questions in this section, and have the presiding juror
sign and date this form.
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
We answer the question submitted to us as follows:
l. When the negligent nursing diagnosis, care or treatment that caused injury to
plaintiff Patsy Newton occurred, was plaintiff Suzanne Bolen present at the scene?
No . Yes
If you answered yes, then answer question 2. lf you answered no for question l,
do not answer question 2-6 of this section.
2. Was plaintiff Suzanne Bolen then aware that the negligent nursing diagnosis,
care or treatment of plaintiff Patsy Newton was causing injury?
’
No Yes
If you answered yes, then answer question 3. lf you answered no for question 2,
do not answer question 3-6 of this section.
3. Did plaintiff Suzafine Bolen suffer serious emotional distress?
No Yes
If you answered yes, then answer question 4. If you answered no for question 3,
do not answer question 4-6 of this section.
4. Was Enloe Medical Center’s conduct a substantial factor in causing plaintiff
Suzanne Bolen’s serious emotional distress?
No Yes
5. What are plaintiff Suzanne Bolen’s noneconomic damages, including
suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation,
and shame?
Suzanne Bolen $
6. What percentage. of responsibility for plaintiff Suzanne Bolen’s emotional
distress do you assign to Enloe Medical Center?
Enloe Medical Center %
LOSS OF CONSORTIUM
We answer the question submitted to us as follows:
l. What are plaintiff Harold Newton’s noneconomic damages, including the loss
of love, companionship, comfort, care, assistance, protection, affection, society, moral
support, and the loss of the enjoyment of sexual relations.
Harold Newton ~
$
PUNITIVE DAMAGES- Entity Defendant
l. Was the conduct constituting malice, oppression, or fraud committed by one
or more officers, directors, or managing agents of Enloe Medical Center acting on
behalf of Enloe Medical Center?
No Yes
2. What amount of punitive damages, if any, do you award Patsy
Newton?$
If your answer to question 1 is yes, then answer question 2. If you answered no, stop
here, answer no further questions in this section, and have the presiding juror sign and
date this form.
PUNITIVE DAMAGES - ENTITY DEFENDANT- RATIFICATION
1. Did an agent or employee of Enloe Medical Center engage in the conduct
with malice, oppression, or fraud?
_No Yes
If your answer to question] is yes, then answer question 2. If you answered no, stop
here, answer no further questions in this section, and have the presiding juror sign and
date this form.
2. Did one or more officers, directors, or managing agents of Enloe Medical
Center know of this conduct and adopt or approve it after it occurred?
No Yes
If your answer to question 2 is yes, then answer question 3. lf you answered no, stop
here, answer no further questions in this section, and have the presiding juror sign and
date this form.
3. What amount of punitive damages, if any, do you award Patsy Newton?
$
PUNITIVE DAMAGES - ENTITY DEFENDANT - AUTHORIZATION
l. Did an agent or employee of Enloe Medical Center engage in the conduct
with malice, oppression, or fraud?
_N0 _Yes
If your answer to questionl is yes, then answer question 2. lf you answered no, stop
here, answer no further questions in this section, and have the presiding juror sign and
date this form.
2. Did one or more officers, directors, or managing agents of Enloe Medical
Center authorize this conduct?
_No Yes
If your answer to question 2 is yes, then answer question 3. If you answered no, stop
here, answer no further questions in this section, and have the presiding juror sign and
date this form.
3. What amount of punitive damages, if any, do you award Patsy Newton?
$
After this verdict form has been signed, notify the clerk that you are ready to present
your verdict in the courtroom.
Presiding Juror Date
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BUTTE COUNTY SUPERIOR COURT COUNTY OF BUTTE, STATE OF CALIFORNIA F Sugerior Court of CaliforniaF C oumy of Butte I I VERDICT FORMS L L E N NOT USED E JUL imb 1 it 2021 er. Clerk D puty Patsy Newton et a1, Plaintiff. Vs CASE # 20CV01091 Enloe Medical Center, Defendant. 2 34567009 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE PATSY NEWTON, individually; HAROLD Case No. 20CV01091 10 NEWTON; individually; SUZANNE BOLEN, individually. VERDICT FORM TWO 11 Plaintiffs, CAUSE OF ACTION NO. l - 12 ELDER NEGLECT 13 VS. 14 - ENLOE MEDICAL CENTER; and DOES 1 15 50, inclusive, 16 Defendants, 17 18 19 20 21 22 23 24 25 26 27 28 _1 _ VERDICT FORM Two - CAUSE OF ACTION NO. l - ELDER NEGLECT Only use this form after having followed the instructions in Verdict Form One. 23456700 We, the jury, answer all of the following questions submitted to us, understanding that we have been instructed that Plaintiff Patsy Newton must prove each of the questions below by the standard of more likely than not. admin: 1- Was Patsy Newton 65 years of age or older at all times relevant to her claim for damages against Enloe Medical Center? 9 10 Yes No 11 12 If your answer to question l is yes, then answer question 2. If you answered no, 13 stop here, answer no further questions on this verdict form, have the presiding 14 juror sign and date this form. 15 16 2- Was Patsy Newton in Enloe Medical Center’s care or custody? 17 18 Yes No 19 20 If your answer to question 2 is yes, then answer question 3. If you answered no, 21 stop here, answer no further questions on this verdict form, have the presiding 22 juror sign. and date this form. 23 24 25 26 3- Did defendant fail to use the degree of care that a reasonable person in the same 27 situation would have used in providing for Patsy Newton’s basic needs, including: 28 -2 _ VERDICT FORM Two -CAUSE 0F ACTION No. 1- ELDER NEGLECT Providing nursing care for her physical and mental health needs or protecting Patsy 23456700 Newton fiom health and safety hazards? Yes No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no fiirther questions on this verdict form, have the presiding juror sign and date this form. 9 4- Was defendant’s conduct a substantial factor in causing harm to Patsy Newton? 10 11 Yes No 12 13 If your answer to question 4 is yes, then answer question 5. If you answered no, 14 stop here, answer no further questions on this verdict form, have the presiding 15 juror sign and date this form. 16 17 5- What are Patsy Newton’s non-economic damages for past physical pain, mental sufi‘ering, 18 loss of enjoyment of life, grief, anxiety, depression, humiliation and emotional distress as a 19 result of defendant’s conduct upon which you base your above findings? 20 21 22 23 24 25 26 27 28 _3 _ VERDICT FORM Two - CAUSE 0F ACTION N0. 1-ELDER NEGLECT 6- What are Patsy Newton’s non-economic damages for future physical pain, mental 2 suffering, loss of enjoyment of life, grief, anxiety, depression, humiliation and emotional distress as a result of defendant’s conduct upon which you base your above findings? 3456700 9 7- What are Patsy Newton’s economic damages for past medical expenses as a result of 10 defendant’s conduct upon which you base your above findings? 11 12 13 14 15 16 17 8- What are Patsy Newton’s economic damages for future medical care as a result of 18 defendant’s conduct upon which you base your above findings? 19 20 21 22 23 24 i 25 Dated: Signed: 26 Presiding Juror 27 28 . _4 _ VERDICT FORM Two - CAUSE 0F ACTION N0. 1 - ELDER NEGLECT SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE PATSY NEWTON, individually; HAROLD NO. 20CV0109I NEWTON, individually; SUZANNE BOLDEN, individually, ASSIGNED TO JUDGE TAMARA L. MOSBARGER FOR ALL Plaintiffs, PURPOSES VS. SPECIAL VERDICT FORM ENLOE MEDICAL CENTER; and DOES 1 - 50, et al., Defendants. We answer the questions Submitted to us as follows: Neglect We answer the questions submitted to us as follows: I. Was Plaintiff Patsy Newton 65 years of age or older while she was in Enloe Medical Center’s care or custody? No Yes lf your answer to question l is yes, then answer question 2. If you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. 2.Was Patsy Newton in Enloe Medical Center’s care or custody? No Yes ' If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. 3. Did Enloe Medical Center fail to use that degree of care that a reasonable person in the same situation would have used in assisting in personal hygiene, wound care, providing medical care for physical and mental health needs, protecting plaintiff Patsy Newton from health and safety hazards, and preventing malnutrition and dehydration? No Yes If your answer to question 3 is yes, then answer question 4. lf you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. 4. Was Enloe Medical Center’s conduct a substantial factor in causing harm to plaintiff Patsy Newton? ? No Yes 4. If your answer to question 4 is yes, then answer questions 5 and 6. If you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. 5. What are Patsy Newton’s damages? A. Past economic loss Medical Expenses $ Other past economic loss $ Total Past Economic Damages $ B. Future economic loss Medical Expenses $ Other future economic loss $ Total Future Economic Damages $ C. Past noneconomic Loss [physical pain/mental suffering] $ D. Future noneconomic loss ]physical pain/mental suffering] $ 6. Did Patsy Newton prove by clear and convincing evidence that an officer, a director, or a managing agent of Enloe Medical Center had advance knowledge of the unfitness of the employee and employed them with a knowing disregard of the rights or safety of others? No Yes If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. 7. Did Patsy Newton prove 1 through 4 above by clear and convincing evidence and also prove by clear and convincing evidence that the employee acted with recklessness, malice, oppression, or fraud? ' No Yes If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS We answer the question submitted to us as follows: l. When the negligent nursing diagnosis, care or treatment that caused injury to plaintiff Patsy Newton occurred, was plaintiff Suzanne Bolen present at the scene? No . Yes If you answered yes, then answer question 2. lf you answered no for question l, do not answer question 2-6 of this section. 2. Was plaintiff Suzanne Bolen then aware that the negligent nursing diagnosis, care or treatment of plaintiff Patsy Newton was causing injury? ’ No Yes If you answered yes, then answer question 3. lf you answered no for question 2, do not answer question 3-6 of this section. 3. Did plaintiff Suzafine Bolen suffer serious emotional distress? No Yes If you answered yes, then answer question 4. If you answered no for question 3, do not answer question 4-6 of this section. 4. Was Enloe Medical Center’s conduct a substantial factor in causing plaintiff Suzanne Bolen’s serious emotional distress? No Yes 5. What are plaintiff Suzanne Bolen’s noneconomic damages, including suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame? Suzanne Bolen $ 6. What percentage. of responsibility for plaintiff Suzanne Bolen’s emotional distress do you assign to Enloe Medical Center? Enloe Medical Center % LOSS OF CONSORTIUM We answer the question submitted to us as follows: l. What are plaintiff Harold Newton’s noneconomic damages, including the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and the loss of the enjoyment of sexual relations. Harold Newton ~ $ PUNITIVE DAMAGES- Entity Defendant l. Was the conduct constituting malice, oppression, or fraud committed by one or more officers, directors, or managing agents of Enloe Medical Center acting on behalf of Enloe Medical Center? No Yes 2. What amount of punitive damages, if any, do you award Patsy Newton?$ If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. PUNITIVE DAMAGES - ENTITY DEFENDANT- RATIFICATION 1. Did an agent or employee of Enloe Medical Center engage in the conduct with malice, oppression, or fraud? _No Yes If your answer to question] is yes, then answer question 2. If you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. 2. Did one or more officers, directors, or managing agents of Enloe Medical Center know of this conduct and adopt or approve it after it occurred? No Yes If your answer to question 2 is yes, then answer question 3. lf you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. 3. What amount of punitive damages, if any, do you award Patsy Newton? $ PUNITIVE DAMAGES - ENTITY DEFENDANT - AUTHORIZATION l. Did an agent or employee of Enloe Medical Center engage in the conduct with malice, oppression, or fraud? _N0 _Yes If your answer to questionl is yes, then answer question 2. lf you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. 2. Did one or more officers, directors, or managing agents of Enloe Medical Center authorize this conduct? _No Yes If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions in this section, and have the presiding juror sign and date this form. 3. What amount of punitive damages, if any, do you award Patsy Newton? $ After this verdict form has been signed, notify the clerk that you are ready to present your verdict in the courtroom. Presiding Juror Date