A resident of the defendant senior residence choked to death as a result of the improper installation of a halo device to her bed. The residence advised the resident’s family that she died of natural causes and the family only learned of the true cause after speaking to the coroner. 14 of the deceased family members pursued claims under the Family Law Act against the residence, the manufacturer of the halo device, and the supplier of the halo device. The manufacturer and supplier settled before trial. At trial, liability was apportioned 25% against the residence. The jury awarded $25,000 in punitive damages against the residence for misleading the family about the cause of death. In obiter, Justice Tzimas noted that the residence’s offer to settle (in an amount only approximately $3,000 shy of the trial award against it) was not a valid Rule 49 offer to settle because it was made to the plaintiffs collectively, and not by way of offers to each individual plaintiff. The plaintiffs were awarded costs in the amount of $445,000.
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