Special Fee Shifting Statutes: $955,500 Fee Award And $83,246.52 Costs Award Affirmed In Elder Neglect Case

Total Compensatory Damages Were $696,833.97.

            As we have observed before in line with our Mission Statement, attorney’s fees can be the game winner where there is a fee-shifting basis—contractual, statutory, or equitable.  Newton v. Enloe Medical Center, Case No. C095324 (3d Dist. Sept. 12, 2023) (unpublished) illustrates that well.

            This was an elder neglect case, which does have statutory fee-shifting provisions in favor of the plaintiff.  Plaintiff won to the tune of $696,833.97 in compensatory damages (including $50,000 in loss of consortium damages to one plaintiff).  The lower court awarded plaintiffs $955,500 in fees and $83,246.52 in costs, determinations affirmed on appeal.  See how the fees/costs stripped the compensatory award by quite a delta, confirming our Mission Statement.