Beverly Enterprises, Inc. v. Reed

961 So. 2d 40, 2007 WL 2128384
CourtMississippi Supreme Court
DecidedJuly 26, 2007
Docket2005-CA-01186-SCT
StatusPublished
Cited by29 cases

This text of 961 So. 2d 40 (Beverly Enterprises, Inc. v. Reed) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beverly Enterprises, Inc. v. Reed, 961 So. 2d 40, 2007 WL 2128384 (Mich. 2007).

Opinion

961 So.2d 40 (2007)

BEVERLY ENTERPRISES, INC. and Beverly Enterprises-Mississippi, Inc.
v.
Barbara REED.

No. 2005-CA-01186-SCT.

Supreme Court of Mississippi.

July 26, 2007.

*41 Louis B. Lanoux, Michael O. Gwin, Jackson, attorneys for appellant.

Philip W. Thomas, Jackson, Pieter John Teeuwissen, Ridgeland, attorneys for appellee.

EN BANC.

SMITH, Chief Justice, for the Court.

¶ 1. This nursing home negligence case comes before the Court on appeal from the judgment of the Hinds County Circuit Court, First Judicial District, awarding Plaintiff Barbara Reed $400,000 in compensatory and $1,500,000 in punitive damages. Finding error in the jury instructions and the exclusion of relevant evidence, we reverse and remand for a new trial.

FACTS

¶ 2. Sarah Lewis was admitted to the Beverly-Inglewood care facility in Jackson, Mississippi, on February 27, 2002. At the time, she was forty-five years of age and had previously incurred a series of strokes, the last of which had left her paralyzed on one side. Lewis suffered from numerous additional medical problems, such as hypertension, chronic anemia, and renal failure. She was unable to speak or walk without assistance, and needed a PEG tube inserted for feeding.

¶ 3. Though obviously in poor health at the time of her admittance, Lewis was *42 capable of communicating by nodding and shaking her head, and could use a bedside toilet with support. She had a slight contracture in one arm, and could walk for short distances with the aid of two caretakers. After ten months at Inglewood, Lewis was transferred to Compere Nursing Home at the request of her family. At this time she had significant contractures in all of her limbs, and had become completely bed-ridden and unresponsive. She expired at Compere on June 6, 2003.

¶ 4. Barbara Reed, Lewis's sister, brought suit on behalf of her estate against Beverly Enterprises, Inc. (BEI), Beverly Healthcare Inglewood, and Beverly Enterprises-Mississippi, Inc. (BEM). The complaint alleged negligence, abuse and neglect, and medical malpractice, and claimed that the Defendants' conduct caused Lewis physical injuries, pain and suffering, mental and emotional distress, and loss of the enjoyment of life. At no point did Reed claim that BEM or BEI was responsible for Lewis's death.

TRIAL COURT PROCEEDINGS

¶ 5. During the compensatory damages phase of trial, the Plaintiff presented a total of eleven witnesses, including three designated experts, who testified as to BEM and BEI's negligence. Reed was the first to take the stand, and testified that she often found her sister lying in her own waste or in otherwise unsanitary conditions. She said the room was not kept clean, and that Lewis was assaulted by a roommate who BEM knew had a tendency for violent behavior. On cross examination, the Defendants attempted to question Reed about a previous lawsuit filed against Bayer Corporation, but their inquiry was halted by the trial court.

¶ 6. Upon conclusion of the evidence, both BEM and BEI moved for directed verdicts, which were denied. The jury returned a general verdict in favor of the Plaintiff in the amount of $400,000. Thereafter, the trial judge determined that the facts of the case warranted a punitive damages hearing. At the conclusion of the punitive phase, the jury awarded Reed an additional $1.5 million dollars. The Defendants' motions for judgment notwithstanding the verdict (J.N.O.V.), new trial and remitter were denied on April 11, 2005. Judgment was entered on March 8, 2005. Notice of appeal was filed on April 20, 2005. The Defendants raise numerous issues on appeal, however, we deem it necessary only to address the following two points.

DISCUSSION

I. Error in Jury Instructions

¶ 7. BEM and BEI contend that they should have been treated as separate entities instead of simply being labeled "the Defendants" in the instructions submitted to the jury. Because the trial court refused to distinguish between them when instructing the jury, the Defendants argue that the standards of care were unjustifiably meshed together into one cause of action.[1]

*43 ¶ 8. When this Court reviews a claim of trial court error in granting or denying a jury instruction, we are required to review all of the instructions as a whole. Richardson v. Norfolk & Southern Ry., 923 So.2d 1002, 1010 (Miss.2006). No instruction should be reviewed in isolation. Burr v. Miss. Baptist Medical Ctr., 909 So.2d 721, 726 (Miss.2005). When analyzing the grant or refusal of a jury instruction, two questions should be asked: Does the instruction contain a correct statement of law and is the instruction warranted by the evidence? Hill v. Dunaway, 487 So.2d 807, 809 (Miss.1986). Defects in specific instructions will not mandate reversal when all of the instructions, taken as a whole fairly—although not perfectly—announce the applicable primary rules of law. Burton v. Barnett, 615 So.2d 580, 583 (Miss.1993). The above standards notwithstanding, this Court will not hesitate to reverse if the instructions, when analyzed in the aggregate, do not fairly and adequately instruct the jury. Richardson, 923 So.2d at 1011.

¶ 9. The instructions given in this case failed to meet even this rather lenient test, as the jury was completely prohibited from finding one entity guilty without also holding the other liable. The claim against BEM was based upon its actions as owner and operator of Inglewood, while Reed's case against BEI focused on the grandparent corporation's alleged understaffing via the budget system. These are functions which give rise to separate theories of liability. The jury, however, was not instructed that it must find that BEM and BEI breached separate duties owed to Lewis. As noted above, the instructions that were given left no possibility for finding against one defendant but not the other, nor did they provide for an apportionment between the alleged tortfeasors. P-1, for example, instructed that: "If you find for the Defendants, then your verdict shall be in the following form: "We the jury find for the Defendants.""

¶ 10. Instruction P-14, in enumerating the elements of the negligence action, made the duty of BEM indistinguishable from that of BEI. Erroneously merging the corporations together, it read:

If you find from a preponderance of the evidence in this case that:
1. Sarah Lewis was a resident of Defendants nursing home;
2. While a resident of Defendants nursing home, Sarah Lewis was suffering from a mental and/or physical condition requiring care or attention by Defendants;
3. Defendants' should have been reasonably aware of Sarah Lewis' condition;
4. Defendants' failed to provide the care and attention that Sarah Lewis' condition reasonably required and such failure resulted in injuries to Sarah Lewis; and
5. Defendants' failure to provide such care and attention was the sole proximate cause or a proximate contributing cause of Sarah Lewis' injuries; then your verdict shall be for the Plaintiff."

(Emphasis added).

¶ 11. Not only were these instructions factually flawed and misleading, they were legally inaccurate. No proof was presented showing that BEI had any hands-on responsibilities to patients, nor was there evidence of a contract creating a duty flowing from BEI to Lewis.

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Bluebook (online)
961 So. 2d 40, 2007 WL 2128384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beverly-enterprises-inc-v-reed-miss-2007.