The trial court granted Defendants’ motion for summary judgment due to the limitations period having expired. Plaintiff argued the limitations period was tolled by T.C.A. § 28-1-106. The trial court rejected that argument because the resident had granted a durable power of attorney to Plaintiff prior to becoming incompetent. On appeal, the court found that […]
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When defendant answered the complaint it alleged the dispute was subject to arbitration and asked for a jury trial. After four months of discovery, Defendant moved to compel arbitration. The trial court denied the motion ruling that Defendant could not withdraw its jury demand without Plaintiffs’ consent. On appeal, the court found that Defendant could […]
Plaintiff appealed after the case was non-suited. “From November 6, 1998, to December 3, 1998, Appellant was hospitalized at GMC with spinal cord injuries …. On December 3, 1998, he was transferred to HealthSouth for rehabilitation therapy. At some point, Appellant developed pressure wounds on his buttocks and sacrum. Due to the development of an […]
Plaintiffs filed suit for negligence and wrongful death. The nursing home appeared specially and moved to dismiss or in the alternative to compel arbitration. The trial court denied the motion to compel arbitration. The nursing home argued that the Federal Arbitration Act applied because it received Medicare payments originating out of state, complied with Medicare […]
Adams v. Gables at Green Pastures Nursing Home The nursing home filed a motion for summary judgment, alleging it was a political subdivision entitled to sovereign immunity. Plaintiff’s expert was deposed and concluded that the nursing home deviated from the standard of care by failing to develop and implement an acute care plan for falls, […]
Resident died after becoming entrapped between a mattress and bedrail. Nursing home employee provided report to nursing home administrator, which administrator crumpled and put in desk drawer. Later, second report was prepared. During deposition, Plaintiffs asked: “(1) what was Ms. Airhart’s reaction upon learning of the events about Mr. Mathias; (2) what did Ms. Airhart […]
Summary judgment for nursing home was affirmed. Plaintiff was left alone by independent contractor ambulance driver when the driver escorted another patient to her residence. When driver returned, resident was missing, having wandered off. Resident was found 3 days later, having died from hypothermia. Nursing home could not be held vicariously responsible for independent contractor’s […]
Resident, 91 year old allegedly sustained a fractured femur and multiple bruises while she was being transferred from bed to a wheelchair. An agency CNA, Akosah, had been assigned to assist the LPN on duty. After Plaintiff filed suit, the nursing home brought a third-party action against the agency CNA and her employer. Plaintiff moved […]
Defendants’ motion for summary judgment granted and affirmed where experts for Defendants’ gave opinions that pressure ulcers on heels were result of vascular and arterial disease, leaving resident with no pulse in lower extremities. Plaintiffs’ expert offered only conclusory assertions and speculation that an earlier diagnosis and treatment of heel decubitus would have avoided bilateral […]
Depositions of nursing home maintenance supervisor and administrator allowed after Plaintiff demonstrated that other deposed individuals had insufficient knowledge of resident’s injuries and likelihood that the additional witnesses possessed information that was material and necessary.
