Defendant Barnes, an agency nurse, was found guilty in a criminal case of knowingly, intentionally and recklessly causing injury to a nursing home resident by cutting her feeding tube. The remaining Defendants in a civil case filed a Motion for Issue Preclusion against Barnes, seeking a conclusive determination that Barnes intentionally and surreptitiously cut the resident’s PEG tube. Plaintiffs, in responded, argued that Barnes was only convicted of neglect of person and that other charges were withdrawn. The Defendants presented no evidence to the trial court that Barnes’ conduct was surreptitious. The trial court denied their motion and, with permission, they appealed. On appeal, the court found that the criminal statute punishes intentional, knowing or reckless conduct and that the court could not bind the other litigants as Defendant requested without speculating as to whether the factfinder found intent or negligence. The trial court was affirmed. Decided: February 6, 2007.
The word disability doesn't have the same meaning in all contexts. If you have a…
On October 10, 2024, the Social Security Administration announced that Americans will increase a 2.5…
Many people think that estate planning is just having documents prepared. They have a lawyer…
In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy…
When an injured party sues someone who negligently injured him or her, one form of…
From time to time we re-post David Hultstrom's Financial Foundations. Mr. Hultstrom, who is a…