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CLAY v. CHOCTAW NATION CARE CENTER, LLC

No. 104,805. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

210 P.3d 855 (2008)

2009 OK CIV APP 35

Howard CLAY, Personal Representative of the Estate of Dortha Ann Clay, Plaintiff/Appellee, v. CHOCTAW NATION CARE CENTER, LLC d/b/a Choctaw Nation Nursing Home, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 4.

Rehearing Denied January 16, 2009.

Certiorari Denied March 30, 2009.

Attorney(s) appearing for the Case

Michael D. Parks, McAlester, OK, for Plaintiff/Appellee.

Douglas M. Borochoff, Christopher D. Wolek, Eddie L. Carr, Oliver L. Smith, Gibbs, Armstrong, Borochoff, Mullican and Hart, P.C., Tulsa, OK, for Defendant/Appellant.

DOUG GABBARD II, Presiding Judge.

¶ 1 In this wrongful death action, Defendant, Choctaw Nation Care Center, LLC d/b/a Choctaw Nation Nursing Home (Nursing Home), appeals the trial court's grant of a motion for new trial filed by Plaintiff, Howard Clay, the personal representative of the estate of his deceased mother, Dortha Ann Clay (Mrs. Clay), after a jury found Nursing Home negligent but awarded zero damages.

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