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ESTATE OF GIBSON v. MAGNOLIA HEALTHCARE

No. 2010-CA-00741-SCT.

91 So.3d 616 (2012)

The ESTATE OF Henry C. GIBSON, by and through Don R. Gibson, Administrator for the Use and Benefit of the Estate of Henry C. Gibson, and on behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Henry C. Gibson v. MAGNOLIA HEALTHCARE, INC. and Foundation Health Services, Inc.

Supreme Court of Mississippi.

Rehearing Denied July 19, 2012.

Attorney(s) appearing for the Case

Mary J. Perry , Anthony Lance Reins , attorneys for appellants.

Justin M. Starling , Michael A. Heilman , Christopher T. Graham , Jackson, attorneys for appellees.

Before CARLSON, P.J., LAMAR and CHANDLER, JJ.

LAMAR, Justice, for the Court:

¶ 1. Henry C. Gibson was a resident of Arnold Avenue Nursing Home ("AA") in Greenville, Mississippi, from June 2001 until December 2002. After being hospitalized in December 2002, Gibson was moved to another nursing home and died on January 26, 2003. Gibson's estate filed a wrongful-death action on August 24, 2004, seeking compensatory and punitive damages. The plaintiffs averred that Magnolia Healthcare, Inc., the owner of AA,...

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