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STATE v. GAUJOT

No. 20-0940.

859 S.E.2d 358 (2021)

STATE of West Virginia EX REL. MORGANTOWN OPERATING COMPANY, LLC d/b/a Morgantown Health and Rehabilitation Center, Petitioner, v. The Honorable Phillip D. GAUJOT, Judge of the Circuit Court of Monongalia County; and Kimberly Degler, as the duly Appointed Administratrix of the Estate of Jacqulin Lee Cowell, deceased, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 11, 2021.

Attorney(s) appearing for the Case

Anders W. Lindberg, Esq. , Andrew P. Smith, Esq. , Steptoe & Johnson PLLC, Huntington, West Virginia, Crystal Bombard-Cutright, Esq. , Steptoe & Johnson PLLC, Morgantown, West Virginia, Dallas F. Kratzer III , Steptoe & Johnson PLLC, Columbus, Ohio, Counsel for Petitioner.

Dino S. Colombo, Esq. , Kala L. Sowers, Esq. , Colombo Law, Morgantown, West Virginia, Counsel for Respondent Kimberly Degler, Administratrix of the Estate of Jacqulin Lee Cowell, Deceased.

Jacqulin Cowell was a resident of Morgantown Health and Rehabilitation Center (Morgantown Health), a nursing home, until she died in June 2018. More than one year later, her daughter and administratrix of her estate sued Morgantown Health alleging that a pattern of poor care, neglect...

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