Aud v. RRT Enterprises, LP (July 22, 2026, B341254) ___ Cal.App.5th ___ [2026 WL 2137687]
Plaintiff sued a skilled nursing facility (SNF) for elder abuse and negligence, alleging that the SNF failed to prevent her from falling. Plaintiff also alleged that the SNF failed to provide her with adequate supervision, monitoring and assistance, and that as a result she suffered various injuries. When the jury awarded plaintiff substantial damages, the SNF argued that the Medical Injury Compensation Reform Act (MICRA) limited Jentz’s noneconomic damage award to $250,000. The trial court agreed, and plaintiff appealed.
The Court of Appeal reversed, holding that MICRA did not limit Plaintiff’s noneconomic damages. Relying on Holland v. Silverscreen Healthcare, Inc. (2025) 18 Cal.5th 364, the court explained that only a SNF’s acts in its capacity as a health care provider constitute professional negligence covered by MICRA, while its acts and omissions related to custodial and caregiver duties are only incidentally related to its professional health care services and not covered by MICRA. The court held that the SNF’s failure to adequately supervise and assist in plaintiff’s daily activities were custodial failures not covered by MICRA.
