Cases

Hall v. Episcopal Hosp. Corp., 2007 Phila. Ct. Com. Pl. LEXIS 38 (Phila. Com. P. LEXIS 2007)

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 Plaintiffs, in responded, argued that Barnes was only convicted of neglect of person and that other charges were withdrawn.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

Published by
David McGuffey

Recent Posts

Getting a recorded statement introduced in evidence

Elder law attorneys sometimes find themselves in various types of litigation ranging from guardianship cases,…

1 week ago

2027 Social Security COLA

Today the Social Security Administration announced the Cost of Living Adjustment for next year, posting…

2 weeks ago

Good Lawyers Solve Problems, They Don’t Create Them

Years ago I had the pleasure of knowing Arvin Reingold, a Chattanooga lawyer. He was…

4 weeks ago

Stock Research

When you're looking at investing, there is no substitute for qualified competent advice. Having said…

1 month ago

My Views on Investing

My thoughts on investing may or may not help you. I don't claim to be…

2 months ago

Amount of compensation; multiple conservators; forfeiture; renunciation; O.C.G.A. § 29-5-50

Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides:…

4 months ago