Sobalvarro v. Vibra Health Care (March 26, 2026, A168792) __ Cal.App.5th __, 2026 WL 850431
Jessica Sobalvarro was admitted to Kentfield Hospital to recover from a paralyzing stroke that left her unable to speak. Kentfield’s nursing staff provided intimate care for Sobalvarro, including bathing and toileting, and a male nursing assistant provided much of that care. Throughout her stay, Sobalvarro’s family and friends observed her crying and appearing sad. After sufficiently regaining her speech, Sobalvarro sued Kentfield, its corporate parent (Vibra Health Care), and the male nurse. She pleaded claims for dependent adult abuse, negligence, battery, and assault, alleging the male nurse had sexually assaulted her. Although the jury found the male nurse was not liable, it nonetheless found Kentfield and Vibra negligent for violating the Patients’ Bill Right of Rights (Cal. Code Regs., tit. 22, § 72527 et seq.) and awarded $1 million in noneconomic damages. The trial court granted JNOV for defendants, ruling that causation could not be established once the jury exonerated the male nurse. Sobalvarro appealed.
The Court of Appeal reversed, holding that substantial evidence supported the jury’s liability finding. The court explained that, because it was undisputed that Sobalvarro would have opted for care by a female nurse had Kentfield given her that choice, the jury could infer that some of her distress stemmed from “receiving daily intimate care, while paralyzed and unable to move or speak, over a lengthy period from a male nurse, contrary to her wishes, and as a direct result of Kentfield’s negligence” in failing to give her the option of female nursing care.
