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MARINER HEALTH CARE v. ESTATE OF EDWARDS

No. 2004-CA-01478-SCT.

964 So.2d 1138 (2007)

MARINER HEALTH CARE, INC.; Grancare, Inc.; Evergreen Healthcare, Inc.; National Heritage Realty, Inc.; George D. Morgan; M. Scott Athans; J.D. Lee; Charlie R. Sinclair, Jr.; Angela M. Whittington; and John H. Merrell v. ESTATE OF Charles E. EDWARDS, by and through Nevonnia TURNER, Administratrix of the Estate of Charles E. Edwards, for the use and benefit of the Estate of Charles E. Edwards, and for the use and benefit of the Wrongful Death Beneficiaries of Charles E. Edwards, Deceased.

Supreme Court of Mississippi.

September 13, 2007.

Attorney(s) appearing for the Case

William W. McKinley, Jr., Jackson, Lorraine Boykin, attorneys for appellants.

D. Bryant Chaffin, Hattiesburg, Susan Nichols Estes, Kenneth L. Connor, attorneys for appellee.

EN BANC.

WALLER, Presiding Justice, for the Court.

¶ 1. The present case concerns a wrongful death claim against a nursing home and its parent companies. We find that the failure to investigate alleged juror misconduct, the admission of improper evidence, and the failure to distinguish among defendants compel us to reverse the judgment for the Plaintiff and remand the case for further proceedings.

FACTS

¶ 2. Charles Edwards was admitted to the Greenwood...

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