A Pennsylvania Superior Court panel on Monday vacated a $2.7 million punitive damages award against a nursing home and its parent company, ruling that the plaintiff improperly raised a new recklessness theory during the trial, catching the defense by surprise and undermining a fair proceeding.
The appellate decision stems from a suit filed against Green Ridge Care Center and Saber Healthcare Group LLP, alleging that their negligence led to resident Mildred Bernavage’s fractured hip. The jury in Lackawanna County originally awarded roughly $300,000 in compensatory damages and $2.7 million in punitive damages.
The three-judge panel upheld the compensatory damages but said the punitive damages could not stand due to procedural missteps by the plaintiff’s legal team.
Recklessness Raised Too Late, Panel Says
The court’s published opinion emphasized that Carolyn Vanston, Bernavage’s daughter and the plaintiff in the case, failed to raise any theory of recklessness during three years of pretrial litigation. The issue only surfaced during trial testimony, specifically in questioning of certified nursing assistant Virginia Czankner, who attended to Bernavage during the incident in the shower room.
Czankner admitted she had “gambled” with the resident’s safety, and when asked, affirmed that her actions were reckless. Other staff members also answered affirmatively when asked if their actions constituted recklessness.
That testimony prompted Vanston’s counsel to move midtrial to amend the complaint and seek a directed verdict under a recklessness theory, which the trial judge granted. The appellate panel, however, found this constituted an “unfair surprise” to the defense.
“There was no indication appellee intended to assert recklessness until appellee’s counsel examined Czankner at trial,” the opinion stated.
