December 1, 2025

TAMPA – Tampa Partners Leanne Hoskins and Thomas Caufman, along with Tampa Managing Partner Peter Molinelli, secured a complete defense verdict for a client group consisting of a nursing home licensee, management company, and holding company in a complex nursing home negligence case. The favorable outcome successfully countered a closing argument demand made by Plaintiff’s counsel for $2.61 million.

Overview of the Case

The case centered on allegations that facility staff failed to provide timely responses to call lights and inappropriate assistance with transfers and toileting, resulting in two falls that led to significant surgical complications for the plaintiff. The complexity of the litigation was amplified when the Court allowed the plaintiff, mid-trial, to introduce a joint venture claim alleging chronic understaffing caused by intentional profit diversion.

Key Difference-Makers

• Peter Molinelli – Managing Partner, Tampa Hub
• Leanne Hoskins – Partner, Tampa Hub
• Thomas Caufman – Partner, Tampa Hub

Administrative Support

• Spencer Hurst – Legal Assistant, Tampa Hub

Claims Made Against Our Client

The plaintiff alleged negligence resulting from a facility staff member failing to respond timely to a call light for 45 minutes to an hour, leading the plaintiff to attempt to transfer herself back into bed and suffer the first fall. This fall resulted in a quadriceps tendon rupture, necessitating a revision of a total knee replacement, and subsequent complications from a second fall. Crucially, the plaintiff advanced the claim that the defendants were engaged in a joint venture and intentionally diverted profits away from the facility, arguing that this caused the chronic understaffing that led to the falls. The plaintiff's counsel aggressively pursued this "profits over people" argument.

Defense Strategy

The defense strategy was multifaceted, focusing on documented facts and credibility challenges. The team utilized voluminous medical records to establish the Plaintiff's significant history of co-morbid conditions, past falls, and pre-existing functional problems, effectively refuting the claim that facility negligence was the cause of the injury. The defense specifically refuted the staffing arguments by presenting evidence showing appropriate staffing levels on the dates of the falls and disputed the late-added joint venture claim using contract evidence.

Furthermore, the team impeached the credibility of the plaintiff and her family through prior inconsistent deposition statements and inconsistencies found in non-party medical provider records. The defense also emphasized the Plaintiff's medical visits, noting she was seen by a physician twice before her fall and three times afterward to support staff's assessments, which led the Plaintiff to claim the physician's records were fraudulent. The defense concluded by emphasizing consistent staff assessments, utilizing three employee witnesses to support the documentation and provide authentic testimony.

Impact on Final Outcome

The defense achieved a final award of $0, resulting in a complete defense verdict against a $2.61 million demand. The successful outcome was achieved by tying in the entirety of the medical records and providing the jury with a clear picture of the case. The defense challenged the credibility of the plaintiff, provided authentic testimony by employees, and successfully argued that the plaintiff's claims were ineffective in proving the elements of negligence.

Predicting the Future

This defense verdict is a clear defeat of the challenging "profits over people" argument often leveraged by Plaintiffs in nursing home litigation. This result confirms QPWB's ability to achieve favorable outcomes in complex negligence and corporate structure cases, reinforcing the firm’s commitment to strategic, evidence-driven defense that secures judicial affirmation of the statutory and factual defenses available to our clients.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.