KEITH v. MANORCARE, INC.

No. 28,008.

218 P.3d 1257 (2009)

2009-NMCA-119

Lori KEITH, Personal Representative of the Estate of Barbara Barber, Plaintiff-Appellee, v. MANORCARE, INC., Defendant-Appellant, and Clyde Sanchez, Doorstep Medical Consultants, LLC, Kathy Bushnell, Gerard Muraida, and Southwest Geriatric Associates, LLC, Defendants.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,958, October 8, 2009.


Attorney(s) appearing for the Case

Alice Tomlinson Lorenz, Robin A. Goble, Lorenz & Goble P.C., Michael Gross, Steven J. Leibel, Dines & Gross P.C., Carl J. Bettinger, Shapiro Bettinger Chase LLP, Albuquerque, NM, for Appellee.

R.E. Thompson, Tim L. Fields, Emil J. Kiehne, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, Sylvia H. Walbolt, Matthew J. Conigliaro, Carlton Fields, P.A., Tampa, FL, for Appellant.

Thomas P. Gulley, Lewis and Roca LLP, Albuquerque, NM, Paul D. Fogel, Raymond A. Cardozo, Reed Smith LLP, San Francisco, CA, for Amicus Curiae Association of Commerce & Industry.

Randy J. Knudson, Doerr & Knudson, Portales, NM, for Amicus Curiae National Citizens' Coalition for Nursing Home Reform.


OPINION

FRY, Chief Judge.

{1} Defendant ManorCare, Inc., appeals from a $53.2 million jury verdict entered against it in a wrongful death action brought by Plaintiff Lori Keith as the personal representative of the estate of Barbara Barber, the decedent. Ms. Barber was a resident at the ManorCare Camino Vista nursing home and died at the home in December 2004. Plaintiff sued, alleging that Defendant had negligently caused Ms. Barber's death...

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