Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Review the Case below to determine the correct answer to the corresponding question. In December of 2012, Tony Mendenhall, age 93 (who was potentially suffering

Review the Case below to determine the correct answer to the corresponding question.

In December of 2012, Tony Mendenhall, age 93 (who was potentially suffering from Alzheimer's Disease) and his wife Deseret were invited to move in with his granddaughter and her husband (Cynthia and Joey Dunn) to receive care in their old age. These were the only relatives willing to provide the care that was needed.

Cynthia ("Cindy") Dunn was a former bookkeeper who was working as a Chino Valley Municipal Court Clerk; Joey Dunn worked in auto repair and had a gambling problem. The plan was for the Mendenhall's assets to be used to expand the Dunn residence to create quarters for Mr. and Mrs. Mendenhall to reside in. At first the arrangement seemed to be respectful and mutually helpful, but soon after the death of Deseret, just months after moving in, the situation turned sour.

Before long, over $700,000 in life savings (all that Tony Mendenhall owned) was reduced to only about $100,000. Money from bank accounts in which Cindy Dunn was a co-signer with her grandfather had drifted from Tony's accounts into construction projects for the Dunn's Chino Valley home, a new auto oil change business for Joey, mortagages, college funds, travel expenses and more. While Mr. Mendenhall had authorized some purchases to show his appreciation for being allowed to live in the Dunn's home, a majority of the purchases were unauthorized and beyond all justification. In addition, a large store of Tony's cash (about $70,000) disappeared around the time Joey Dunn took a sudden trip to Las Vegas in October of 2013. To combat the reckless misuse of the funds, which were the fiduciary responsibility of the Dunns to use for Tony's best interests, Tony Mendenhall sought out help from Robbin' Law Firm.

Mr. Mendenhall's case of elder abuse was incredibly complicated, involving extensive review of 9 bank accounts over the course of 3 years. To add to the financial abuse, there were allegations of physical abuse inflicted by Joey Dunn on Mr. Mendenhall. It would not be long before the press caught wind of the importance of this elder abuse case in the Quad City community. The case soon had a very public 14 day jury trial, in which Chris Robbin and Robbin' Law Firm began to gradually

establish Mr. Mendenhall's case of Elder Abuse step-by-step.

Over months after filing suit, Robbin' Law Firm was collecting deposition testimony, bank records and other evidence. Joey and Cindy Dunn claimed the missing money was "gifts," but Robbin' Law Firm had begun to untangle the complex spider-web of facts from the defense's fictitious and unsubstantiated claims.

At trial, the Dunns claimed they owed almost nothing, and asserted that Tony Mendenhall's memory was totally unreliable. It became clear to the jury from the incremental evidence that both financial and emotional abuse had in fact occurred repeatedly to Mr. Mendenhall while he was in the care of the Dunns. Although this shocking abuse had occurred to Mr. Mendenhall at such a vulnerable time in his life, he would receive the justice he deserved.

Overall, in August of 2016, the jury had accepted the facts and abuse that Robbin' Law Firm had established. Mr. Mendenhall received an award of $400,000 in recovery from the Dunns for the many breaches of their fiduciary duty, plus an order for an additional $160,000 in legal fees.

  • They money was considered a gift.
  • Joey needed help opening a business.
  • They housed and provided care for Tony.
  • It was agreed that Tony would pay the mortgage

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Andersons Business Law and the Legal Environment

Authors: David p. twomey, Marianne moody Jennings

21st Edition

1111400547, 324786662, 978-1111400545, 978-0324786668

More Books

Students also viewed these Law questions