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Date: 08-23-2024
Case Style:
Sharon Snell v. Barbourville Nursing Home, Inc., et al.
Case Number: 16-CI-00115
Judge: Gregory A. Lay
Court: Circuit Court, Knox County, Kentucky
Plaintiff's Attorney:
Defendant's Attorney: Mark E. Hammond and Rachel Dalton Dearmond
Description:
Barboourville, Kentucky personal injury nursing home negligence lawyer represented the Plaintiff.
This case involved a lawsuit filed against a nursing home. On appeal, the Appellant challenges alleged discovery violations. Sharon Snell, as Administratrix of the Estate of Ethel Burnett ("the Estate"), appeals the judgment of the Knox Circuit Court entered on October 20, 2023, in favor of Barbourville Nursing Home, Inc. d/b/a Barbourville Health &Rehabilitation Outpatient Center d/b/a Barbourville Health &Rehabilitation Center; Barbourville Realty, LLC; Fist Corbin Long Term Care, Inc.; Forcht Group of Kentucky, Inc.; Management Advisors, Inc.; Terry Forcht; and Janna Partin in her capacity as Administrator of Barbourville Health &Rehabilitation Center. This appeal concerns the judgment entered upon the jury's verdict and the trial court's post-trial order in favor of Barbourville Nursing Home, Inc., ("the care home") and Partin. We affirm in part and reverse in part.
Ethel Burnett was 96 years of age when she was admitted to the Barbourville Nursing Home on December 15, 2010. Among other serious medical conditions, Burnett suffered with heart failure, kidney failure, and dementia. She
had also suffered a stroke and broken hip. She was nourished through a feeding tube and was incontinent of bowel and bladder.
On July 8, 2015, nursing staff notified Burnett's physician of a change in her condition. He prescribed an antibiotic. As her condition deteriorated throughout the day, staff contacted Burnett's physician, who advised that she be transferred to the local hospital for further evaluation. Staff contacted 911, and EMS transported Burnett to the hospital. Lab results indicated that Burnett was suffering with pneumonia and penicillin-resistant staphylococcus. She received high-dose antibiotics for the next six days. Ultimately, however, the infections did not respond to the prescribed course of treatment. Burnett died in the hospital on July 14, 2015. She was 101 years of age.
On March 29, 2016, the Estate filed a negligence action against the care home, Partin, and other corporate defendants. The various defendants responded, and discovery began. The Estate's action against Partin and the nursing home was tried to a jury on April 18, 19, 20, 21, 25, 26, and 28, 2023.
Outcome: Following presentation of evidence and closing arguments, the jury found unanimously that the nursing home: had not been negligent in its care of Burnett; had not abused her mentally or physically; and had not failed to comply with its duty to train or to supervise its employees. Judgment was entered in favor of Partin and the nursing home. This appeal followed.
Affirmed in part and reversed in part.
Plaintiff's Experts:
Defendant's Experts:
Comments: