In this nursing home negligence case, a jury awarded plaintiff, Joseph J. Emmons, III, administrator of the Estate of Joseph J. Emmons, Jr., $100,000 based on a common law negligence claim and wrongful death. The jury found plaintiff established liability under the New Jersey Nursing Home Responsibilities and Rights of Residents Act (NHA), N.J.S.A. 30:13-1 to -19, but failed to prove proximate cause or damages under the NHA. Plaintiff sought counsel fees as a prevailing party under the NHA.
The court held plaintiff is not a prevailing party under the NHA because he failed to prove proximate cause and damages under the NHA. Proving an NHA violation alone is not enough. The court affirmed the trial court's denial of counsel fees and costs under the NHA.