Ed Dudensing | Hernandez v. Colony Capital Inc. & Formation Capital LLC | $110.2 Million Verdict

On the Great Trials Podcast, hosts Steve Lowery and Yvonne Godfrey welcome California trial lawyer Ed Dudensing of the Dudensing Law Firm to discuss a Sacramento County verdict (March 2026) in an elder abuse/wrongful death case for 100-year-old Mildred Hernandez, brought by her daughter Teresa Ludlow and three sisters

 

CASE DETAILS:

Mildred, a dementia patient at Greenhaven Estates Assisted Living Facility, allegedly suffered worsening wandering that was not documented or reported, and an alarm system was not working; she exited near her room, fell downstairs, and died of hypothermia after temperatures dropped to 38 degrees. The jury awarded $10.2M compensatory damages (including pre-death pain and suffering) and $100M punitive damages, allocated $92M to Colony Capital and $8M to Formation Capital. Dudensing explains long-term care corporatization, REIT/RIDEA structures, discovery strategies to trace control through layered LLCs, and proving notice, understaffing, and neglect. (READ MORE)

 

GUEST BIO:

As the founder and lead counsel at Dudensing Law, Edward P. Dudensing specializes in representing plaintiffs in elder abuse cases, with a particular focus on neglect and abuse that takes place in skilled nursing facilities, assisted living facilities, acute hospitals, home health agencies, and hospice agencies. He is widely recognized as one of the nation’s most successful and knowledgeable elder abuse attorneys.

Based in California, Mr. Dudensing serves clients across the state, including Sacramento, the San Francisco Bay Area, Central California, Santa Barbara, Los Angeles, and San Diego.

His ability to navigate the intricacies of elder law and his relentless pursuit of justice have solidified his standing as a leader in the field. During his 23+ year career dedicated to compassionately representing victims of elder abuse and their families, Mr. Dudensing has successfully brought cases against some of California’s largest assisted living facilities, nursing homes, and healthcare conglomerates, securing well over $250+ million in recoveries on behalf of his clients. (READ MORE)

 

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LISTEN TO PREVIOUS EPISODES & MEET THE TEAM:

Great Trials Podcast

Show Sponsors:

Legal Technology Services 

Harris Lowry Manton LLP - hlmlawfirm.com

Production Team:

Dee Daniels Media Podcast Production

 

Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

 

FIND A FAVORITE SPOT IN THIS EPISODE:

00:00 Podcast Open

00:14 Small World Plane Story

02:26 Meet Trial Lawyer Ed

05:31 Case Overview and Verdict

06:54 How Mildred Died

10:13 Big Finance in Elder Care

14:34 Unmasking the Corporate Web

22:24 REIT RIDEA Defense Explained

25:31 Understaffing and Notice Evidence

28:04 Multiple Theories for the Jury

31:30 Missing Documentation Exposed

35:10 Finding Former Employees

35:57 Hunting Witness Statements

36:56 Damages For Centenarian

41:06 Humanizing The Plaintiff

45:24 Trial Strategy And Humility

50:30 Punitive Damages Breakdown

55:58 Jury Debrief And Verdict Form

57:43 Focus Groups And Alternatives

58:44 Corporate Veil Theater

01:03:31 Closing Lessons And Wrap Up