ESTATE OF DEIORIO EX REL. DEIORIO v. PENSACOLA HEALTH TRUST, INC.

No. 2007-CA-00537-COA.

990 So.2d 804 (2008)

ESTATE OF Cherry M. DEIORIO, By and Through Chad DEIORIO, Administrator of the Estate of Cherry M. Deiorio, for the Use and Benefit of the Estate of Cherry M. Deiorio, Deceased, and for the Use and Benefit of the Wrongful Death Beneficiaries of Cherry M. Deiorio, Appellant, v. PENSACOLA HEALTH TRUST, INC., and Delta Health Group, Inc., Appellees.

Court of Appeals of Mississippi.

September 16, 2008.


Attorney(s) appearing for the Case

Douglas Bryant Chaffin, Annette Elise Bulger Mathis, Hattiesburg, Susan Nichols Estes, Kenneth L. Cooper, attorneys for appellant.

Lynda Clower Carter, Nicole Collins Huffman, Jackson, Daniel E. Dias, attorneys for appellees.

Before LEE, P.J., CHANDLER and GRIFFIS, JJ.


LEE, P.J., for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. On July 25, 2001, Chad Deiorio (Deiorio), as next friend of his mother, Cherry Deiorio (Ms. Deiorio), filed a complaint in the Harrison County Circuit Court against the owners, operators, and managers of the Boyington Nursing Center, including Pensacola Health Trust and Delta Health Group (Boyington), alleging negligence, medical malpractice, malice, gross negligence, and fraud in the treatment...

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