MULLEN v. POSADA DEL SOL HEALTH CARE CTR.

No. 2 CA-CV 90-0231.

169 Ariz. 399 (1991)

819 P.2d 985

Margaret H. MULLEN, surviving parent of William Mullen, Deceased, Plaintiff/Appellee, v. POSADA DEL SOL HEALTH CARE CENTER; and Pima County, a body politic, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied May 30, 1991.

Review Denied December 3, 1991.


Attorney(s) appearing for the Case

Addis & Sherman, P.C. by Michael J. Addis, Tucson, for plaintiff/appellee.

Stephen D. Neely, Pima County Atty. by Thomas E. Dugal, Tucson, for defendants/appellants.


OPINION

HOWARD, Judge.

This is a wrongful death action brought by the decedent's mother. The issue on appeal is whether, when liability is admitted, plaintiff's testimony about unsafe, improper or negligent care her adult son received while alive at the county nursing home, was admissible on plaintiff's claim of damages for grief resulting from the death of her son. We hold that it was not and reverse.

Brain-damaged by a motorcycle accident, the...

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