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ESTATE OF PERRY v. MARINER HEALTH CARE

No. 2004-CA-00810-COA.

927 So.2d 762 (2006)

The ESTATE OF Vader I. PERRY by and through Betty RAYBURN, Administratrix of the Estate of Vader I. Perry, for the Benefit of the Estate of Vader I. Perry, and for the use and benefit of the wrongful death beneficiaries of Vader I. Perry, Appellant v. MARINER HEALTH CARE, INC. f/k/a Mariner Post-Acute Network, Inc.; National Heritage Realty, Inc.; Grancare, Inc.; and Evergreen Healthcare, Inc., Appellees.

Court of Appeals of Mississippi.

Rehearing Denied May 2, 2006.

Attorney(s) appearing for the Case

Kenneth Luke Connor, Brian Lee Thompson, E.B. Chiles, Richard Eric Circeo, attorneys for appellant.

Denise Wesley, Jackson, L. Carl Hagwood, Greenville, Michael O. Gwin, Jackson, J. Collins Wohner, Senith C. Tipton,Jackson, William W. McKinley, attorneys for appellees.

EN BANC.

LEE, P.J., for the Court.

PROCEDURAL HISTORY AND FACTS

¶ 1. On November 30, 1999, Vader Perry, a seventy-four year old woman, was admitted to the Grenada Health and Rehabilitation Center (nursing home) by her physician for rehabilitation services after a hospitalization. Perry arrived at the nursing home in poor health and, on February 27, 2000, she passed away.

¶ 2. On November 30, 2001, Perry's estate, by and through her daughter, Betty...

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