On April 02, 2021 a
Special Voir Dire Questions FINAL
was filed
involving a dispute between
Donahue, Raymond,
Donahue, Theresa,
Kellie Tennier, Successor-In-Interest To The Estate Of Theresa Donahue,
Raymond Donahue, Successor-In-Interest To The Estate Of Theresa Donahue,
Tennier, Kellie,
and
Donahue,
Gralund, Jamie,
Mbk Real Estate, Llc,
Mbk Real Estate Llc,
Mbk Senior Living, Llc,
Msl Community Management, Llc,
Msl Holdings Ix, Llc,
Msl Holdings Ix Llc,
Muirwoods Memory Care,
Muirwoods Msl Llc,
for 23: Unlimited Other PI/PD/WD
in the District Court of Sonoma County.
Preview
1 KATHRYN A. STEBNER (SB #121088)
KARMAN GUADAGNI (SB #267631)
2 KELSEY CRAVEN (SB #337179)
STEBNER GERTLER GUADAGNI & KAWAMOTO
3 A PROFESSIONAL LAW CORPORATION
870 Market Street, Suite 1285
4 San Francisco, CA 94102
Tel: (415) 362-9800
5
Fax: (415) 362-9801
6
KIRSTEN FISH (SB #217940)
7 NEEDHAM KEPNER & FISH LLP
1960 The Alameda, Suite 210
8 San Jose, CA 95126
Tel: (408) 244-2166
9
Fax: (408) 244-7815
10 Attorneys for Plaintiffs
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
IN AND FOR THE CITY AND COUNTY OF SONOMA
13
KELLIE TENNIER and RAYMOND CASE NO. SCV-268130
14 DONAHUE, Individually and as Successors-
in-Interest to the Estate of THERESA [PROPOSED] SPECIAL VOIR DIRE
15 DONAHUE, QUESTIONS
16 Plaintiffs,
17 Dept. 19
vs. Judge: Hon. Oscar Pardo
18 MBK SENIOR LIVING, LLCMSL
COMMUNITY MANAGEMENT, LLC; ; Complaint filed: April 2, 2021
19 MUIRWOODS MSL LLC dba MUIRWOODS Trial: March 1, 2024
MEMORY CARE; and DOES 1-75, Inclusive,
20
JURY TRIAL DEMANDED
Defendants.
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[PROPOSED] SPECIAL VIOR DIRE QUESTIONS
1 Plaintiffs KELLIE TENNIER and RAYMOND DONAHUE, Individually and as Successors-
2 in-Interest to the Estate of THERESA DONAHUE hereby propose the following Special Voir Dire
3 Questions to be asked of potential jurors in this matter, all of which except Question 25 (see below)
4 are stipulated to by Defendants:
5 1. Has anyone ever had any training, advanced education or employment in any aspect of health care,
6 medicine or medical research?
7 2. Has anyone ever worked as a caregiver for an elderly or disabled person?
8 3. Has anyone ever placed their loved one in a situation where someone outside the family was
9 assisting with care?
10 4. Has anyone ever cared for someone who was elderly or disabled?
11 5. Has anyone ever had a close friend who cared for someone who was elderly or disabled?
12 6. Has anyone ever visited a residential care facility for the elderly or nursing home?
13 7. What are your feelings about residential care facilities for the elderly? Nursing homes? Board and
14 care homes?
15 8. Has anyone ever been close to someone that had dementia?
16 9. Have you or someone close to you experienced a fall that caused injury?
17 10. Has anyone ever known someone who developed scabies?
18 11. Does anyone know someone well who works with elderly or disabled people as a job?
19 12. Has anyone here or anyone close to you ever worked for a doctor, in a hospital, nursing home,
20 hospice, board and care, assisted living facility or any other type of health care provider?
21 13. Has anyone close to you ever been a resident in a residential care facility for the elderly? Or in
22 assisted living? Or board and care?
23 14. Has anyone close to you ever had a hip fracture?
24 15. Is there anything that anyone has heard so far which creates a doubt in your mind as to whether
25 you could be a fair, objective and impartial juror in this particular case?
26 16. In our country, awarding money damages is the system we have for making someone whole if they
27 are injured and for holding wrongdoers accountable, and some people do not agree with this
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2
[PROPOSED] SPECIAL VIOR DIRE QUESTIONS
1 system. Does anyone have thoughts about that?
2 17. Does anyone feel that someone who is in their eighties and is injured is less entitled to
3 compensation for negligent treatment than a younger person?
4 18. Some people feel like people in their eighties are bound to be in pain, so you shouldn’t bring a
5 lawsuit for it no matter what. Does anyone feel this way?
6 19. Some people think if someone is in their 80s or 90s passes away, they have lived a full life so why
7 bring a lawsuit. Does anyone feel this way?
8 20. Have you ever been close to someone over age 80?
9 a. What was your relationship with them?
10 b. How was their health?
11 c. Did they have dementia?
12 d. Did they go into long term care?
13 e. Did you visit them? How did you feel about their care?
14 21. What do you think about awarding damages for:
15 a. Past pain and suffering?
16 b. Does this change if the person is 84-years-old?
17 22. Some people think you shouldn’t be compensated for humiliation or emotional distress. Does
18 anyone feel that way? Especially if you are in your 80s?
19 23. A lot of people think it’s too difficult to put a dollar amount on pain and suffering. Others say it’s
20 hard but are willing to listen and do their best. Where do you fall?
21 24. Do you support caps or limits on the amount of money juries can award in civil cases? [Proposed
22 by Plaintiffs, disputed by Defendants]
23 25. Do you have any hesitations about making a substantial award if the evidence warrants such an
24 award?
25 26. Do you have a limit in mind that you could never go over in awarding damages?
26 27. Some people feel that accidents and injuries are just a result of fate, God’s will or just a part of life,
27 and should not be the subject of a lawsuit. How do you feel about that?
28
3
[PROPOSED] SPECIAL VIOR DIRE QUESTIONS
1 28. In this trial there will be discussion of the use of medications for dementia, anxiety and agitation
2 including both prescription and over-the-counter CBD. Do you have personal experience with, or
3 have any strong beliefs about these medications? Please note that if you would like to discuss this
4 issue in private, we can easily accommodate you.
5 Dated: February 21, 2024 STEBNER GERTLER GUADAGNI & KAWAMOTO
6
7 By:
8 Kathryn Stebner
Karman Guadagni
9 Kelsey Craven
Attorneys for Plaintiffs
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[PROPOSED] SPECIAL VIOR DIRE QUESTIONS
Kellie Tennier, et al. v. MBK Senior Living, LLC, et al.
1 Sonoma County Superior Court, Case No. SCV-268130
2 PROOF OF SERVICE
3 I, the undersigned, declare:
4 I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a
party to the within action. I am an employee of Stebner, Gertler, Guadagni & Kawamoto, and my
5 business address is 870 Market Street, Suite 1285, San Francisco, California 94102. On the date below,
I caused to be served the following documents:
6
[PROPOSED] SPECIAL VOIR DIRE QUESTIONS
7
8 on the parties involved, addressed as follows:
9 Kirsten Fish Thomas E. Beach
Needham, Kepner & Fish LLP Paul Singer
10 1960 The Alameda, Suite 210 Beach Law Group, LLP
San Jose, CA 95126 Southern California Office
11 Phone: (408) 261-4226; 500 E. Esplanade Drive, Suite 1400
Fax: (408) 244-7815 Oxnard, CA 93036
12 E-mail: kfish@nkf-law.com Tel: 805-388-3100
Fax: 805-388-3414
13 Co-Counsel for Plaintiffs E-mail: tbeach@beachlawgroup.com
E-mail: psinger@beachlawgroup.com
14 E-mail: tgoodrich@beachlawgroup.com
E-mail: kmorton@beachlawgroup.com
15 E-mail: mail@beachlawgroup.com
16 Counsel for Defendants
17 X BY ELECTRONIC SERVICE: I electronically filed the document(s) listed above with the
Clerk of the Court by using the Court’s approved E-filing provider, One Legal, and caused a
18 copy of said document(s) to be E-Served through One Legal to the persons at the e-mail
address(es) listed above on this date. No electronic message or other indication that the
19 transmission was unsuccessful was received within a reasonable time after the transmission.
20 BY EMAIL/ELECTRONIC SUBMISSION: Only by e-mailing the document(s) listed
above to the persons at the e-mail address(es) listed on this date pursuant to Code of Civil
21 Procedure § 1010.6 and California Rules of Court Rule 2.251. No electronic message or other
indication that the transmission was unsuccessful was received within a reasonable time after
22 the submission.
23
I declare under penalty of perjury under the laws of the State of California that the foregoing is
24
true and correct. Executed at San Francisco, California on February 22, 2024.
25
26
Ann Williams
27
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1 PROOF OF SERVICE
Preview
1 KATHRYN A. STEBNER (SB #121088) KARMAN GUADAGNI (SB #267631) 2 KELSEY CRAVEN (SB #337179) STEBNER GERTLER GUADAGNI & KAWAMOTO 3 A PROFESSIONAL LAW CORPORATION 870 Market Street, Suite 1285 4 San Francisco, CA 94102 Tel: (415) 362-9800 5 Fax: (415) 362-9801 6 KIRSTEN FISH (SB #217940) 7 NEEDHAM KEPNER & FISH LLP 1960 The Alameda, Suite 210 8 San Jose, CA 95126 Tel: (408) 244-2166 9 Fax: (408) 244-7815 10 Attorneys for Plaintiffs 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 IN AND FOR THE CITY AND COUNTY OF SONOMA 13 KELLIE TENNIER and RAYMOND CASE NO. SCV-268130 14 DONAHUE, Individually and as Successors- in-Interest to the Estate of THERESA [PROPOSED] SPECIAL VOIR DIRE 15 DONAHUE, QUESTIONS 16 Plaintiffs, 17 Dept. 19 vs. Judge: Hon. Oscar Pardo 18 MBK SENIOR LIVING, LLCMSL COMMUNITY MANAGEMENT, LLC; ; Complaint filed: April 2, 2021 19 MUIRWOODS MSL LLC dba MUIRWOODS Trial: March 1, 2024 MEMORY CARE; and DOES 1-75, Inclusive, 20 JURY TRIAL DEMANDED Defendants. 21 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 [PROPOSED] SPECIAL VIOR DIRE QUESTIONS 1 Plaintiffs KELLIE TENNIER and RAYMOND DONAHUE, Individually and as Successors- 2 in-Interest to the Estate of THERESA DONAHUE hereby propose the following Special Voir Dire 3 Questions to be asked of potential jurors in this matter, all of which except Question 25 (see below) 4 are stipulated to by Defendants: 5 1. Has anyone ever had any training, advanced education or employment in any aspect of health care, 6 medicine or medical research? 7 2. Has anyone ever worked as a caregiver for an elderly or disabled person? 8 3. Has anyone ever placed their loved one in a situation where someone outside the family was 9 assisting with care? 10 4. Has anyone ever cared for someone who was elderly or disabled? 11 5. Has anyone ever had a close friend who cared for someone who was elderly or disabled? 12 6. Has anyone ever visited a residential care facility for the elderly or nursing home? 13 7. What are your feelings about residential care facilities for the elderly? Nursing homes? Board and 14 care homes? 15 8. Has anyone ever been close to someone that had dementia? 16 9. Have you or someone close to you experienced a fall that caused injury? 17 10. Has anyone ever known someone who developed scabies? 18 11. Does anyone know someone well who works with elderly or disabled people as a job? 19 12. Has anyone here or anyone close to you ever worked for a doctor, in a hospital, nursing home, 20 hospice, board and care, assisted living facility or any other type of health care provider? 21 13. Has anyone close to you ever been a resident in a residential care facility for the elderly? Or in 22 assisted living? Or board and care? 23 14. Has anyone close to you ever had a hip fracture? 24 15. Is there anything that anyone has heard so far which creates a doubt in your mind as to whether 25 you could be a fair, objective and impartial juror in this particular case? 26 16. In our country, awarding money damages is the system we have for making someone whole if they 27 are injured and for holding wrongdoers accountable, and some people do not agree with this 28 2 [PROPOSED] SPECIAL VIOR DIRE QUESTIONS 1 system. Does anyone have thoughts about that? 2 17. Does anyone feel that someone who is in their eighties and is injured is less entitled to 3 compensation for negligent treatment than a younger person? 4 18. Some people feel like people in their eighties are bound to be in pain, so you shouldn’t bring a 5 lawsuit for it no matter what. Does anyone feel this way? 6 19. Some people think if someone is in their 80s or 90s passes away, they have lived a full life so why 7 bring a lawsuit. Does anyone feel this way? 8 20. Have you ever been close to someone over age 80? 9 a. What was your relationship with them? 10 b. How was their health? 11 c. Did they have dementia? 12 d. Did they go into long term care? 13 e. Did you visit them? How did you feel about their care? 14 21. What do you think about awarding damages for: 15 a. Past pain and suffering? 16 b. Does this change if the person is 84-years-old? 17 22. Some people think you shouldn’t be compensated for humiliation or emotional distress. Does 18 anyone feel that way? Especially if you are in your 80s? 19 23. A lot of people think it’s too difficult to put a dollar amount on pain and suffering. Others say it’s 20 hard but are willing to listen and do their best. Where do you fall? 21 24. Do you support caps or limits on the amount of money juries can award in civil cases? [Proposed 22 by Plaintiffs, disputed by Defendants] 23 25. Do you have any hesitations about making a substantial award if the evidence warrants such an 24 award? 25 26. Do you have a limit in mind that you could never go over in awarding damages? 26 27. Some people feel that accidents and injuries are just a result of fate, God’s will or just a part of life, 27 and should not be the subject of a lawsuit. How do you feel about that? 28 3 [PROPOSED] SPECIAL VIOR DIRE QUESTIONS 1 28. In this trial there will be discussion of the use of medications for dementia, anxiety and agitation 2 including both prescription and over-the-counter CBD. Do you have personal experience with, or 3 have any strong beliefs about these medications? Please note that if you would like to discuss this 4 issue in private, we can easily accommodate you. 5 Dated: February 21, 2024 STEBNER GERTLER GUADAGNI & KAWAMOTO 6 7 By: 8 Kathryn Stebner Karman Guadagni 9 Kelsey Craven Attorneys for Plaintiffs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 [PROPOSED] SPECIAL VIOR DIRE QUESTIONS Kellie Tennier, et al. v. MBK Senior Living, LLC, et al. 1 Sonoma County Superior Court, Case No. SCV-268130 2 PROOF OF SERVICE 3 I, the undersigned, declare: 4 I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. I am an employee of Stebner, Gertler, Guadagni & Kawamoto, and my 5 business address is 870 Market Street, Suite 1285, San Francisco, California 94102. On the date below, I caused to be served the following documents: 6 [PROPOSED] SPECIAL VOIR DIRE QUESTIONS 7 8 on the parties involved, addressed as follows: 9 Kirsten Fish Thomas E. Beach Needham, Kepner & Fish LLP Paul Singer 10 1960 The Alameda, Suite 210 Beach Law Group, LLP San Jose, CA 95126 Southern California Office 11 Phone: (408) 261-4226; 500 E. Esplanade Drive, Suite 1400 Fax: (408) 244-7815 Oxnard, CA 93036 12 E-mail: kfish@nkf-law.com Tel: 805-388-3100 Fax: 805-388-3414 13 Co-Counsel for Plaintiffs E-mail: tbeach@beachlawgroup.com E-mail: psinger@beachlawgroup.com 14 E-mail: tgoodrich@beachlawgroup.com E-mail: kmorton@beachlawgroup.com 15 E-mail: mail@beachlawgroup.com 16 Counsel for Defendants 17 X BY ELECTRONIC SERVICE: I electronically filed the document(s) listed above with the Clerk of the Court by using the Court’s approved E-filing provider, One Legal, and caused a 18 copy of said document(s) to be E-Served through One Legal to the persons at the e-mail address(es) listed above on this date. No electronic message or other indication that the 19 transmission was unsuccessful was received within a reasonable time after the transmission. 20 BY EMAIL/ELECTRONIC SUBMISSION: Only by e-mailing the document(s) listed above to the persons at the e-mail address(es) listed on this date pursuant to Code of Civil 21 Procedure § 1010.6 and California Rules of Court Rule 2.251. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after 22 the submission. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing is 24 true and correct. Executed at San Francisco, California on February 22, 2024. 25 26 Ann Williams 27 28 1 PROOF OF SERVICE