MANOR CARE, INC.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; John Does 1 Through 10; and Unidentified Entities 1 Through 10 (As to Heartland of Charleston), Defendants Below, Petitioners,
v.
Tom DOUGLAS, Individually, and On Behalf of the Estate of Dorothy Douglas, Plaintiffs Below, Respondents.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Thomas J. Hurney, Jr. , Alyssa E. Baute , Jackson Kelly PLLC, Charleston, WV, Attorneys for Amici Curiae, The West Virginia Hospital Association and The West Virginia Health Care Association.
Anthony J. Majestro , Powell & Majestro, PLLC, Charleston, WV, Attorney for Amicus Curiae, West Virginia Association for Justice.
Supreme Court of Appeals of West Virginia.
DAVIS, Chief Justice:
This action against several corporate entities who operate Heartland Nursing Home in Charleston, West Virginia (hereinafter collectively referred to as "MC Companies"),1 involves claims of negligence; violations of the West Virginia Nursing Home Act, W. Va. Code § 16-5C-1 et seq.; and breach of fiduciary duty, arising from injuries to and the death of Ms. Dorothy Douglas, who had been a resident of Heartland...
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