The plaintiffs brought a motion for default judgment against Melissa Gibson-Heath for theft from an elderly resident and for summary judgment against DC Jain & Sons Inc. on the basis of vicarious liability.
The court granted default judgment against Gibson-Heath for the unrecovered stolen amount of $155,468.46 plus pre-judgment interest and costs, declaring the judgment to survive bankruptcy due to fraud and breach of fiduciary duty.
However, punitive damages against Gibson-Heath were denied given her prior criminal sentence.
The motion for summary judgment against DC Jain & Sons Inc. was dismissed, as the evidentiary record was deemed insufficient to determine vicarious liability, particularly regarding the arrangement of care services and the employer's creation of risk.
A case conference was ordered to further develop the record.
