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ZEBLEY v. HEARTLAND INDUSTRIES OF DAWSON, INC.

No. 09-2453.

625 F.3d 449 (2010)

Jeanene ZEBLEY, individually and as surviving mother on behalf of Fallon Zebley, Appellant, v. HEARTLAND INDUSTRIES OF DAWSON, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided: November 12, 2010.

Attorney(s) appearing for the Case

Kim E. Brust , argued, Fargo, ND, for appellant.

Joel A. Flom , argued, Fargo, ND, for appellee.

Before RILEY, Chief Judge, LOKEN and MURPHY, Circuit Judges.

RILEY, Chief Judge.

Fallon Zebley (Fallon), a young woman with mental disabilities, died after she jumped from the fifth-floor fire escape on a building in Fargo, North Dakota. At the time of her death, Fallon was under the care and supervision of Heartland Industries of Dawson, Inc. (Heartland), a licensed non-profit day training, habilitation, and employment services provider. Fallon's mother, Jeanene Zebley (Zebley), brought this wrongful death action against Heartland...

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