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 Plaintiffs, in responded, argued that Barnes was only convicted of neglect of person and that other charges were withdrawn.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.
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