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Melvin v. Cleveland Nursing & Rehab. LLC

Court of Appeals of Mississippi

March 17, 2015

MAGGIE MELVIN, ADMINISTRATRIX OF THE ESTATE OF JIMMY LEE MELVIN, APPELLANT
v.
CLEVELAND NURSING AND REHABILITATION LLC, APPELLEE

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 11/04/2013. TRIAL JUDGE: HON. ALBERT B. SMITH III. TRIAL COURT DISPOSITION: FOUND IN FAVOR OF DEFENDANT/APPELLEE.

FOR APPELLANT: LEVI BOONE.

FOR APPELLEE: BRADLEY WITHERSPOON SMITH, GEORGE CLANTON GUNN IV.

BEFORE IRVING, P.J., ROBERTS AND MAXWELL, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 624

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

IRVING, P.J.

¶1. Maggie Melvin appeals a judgment of the Bolivar County Circuit Court entered pursuant to a jury verdict that found Cleveland Nursing and Rehabilitation Center LLC (CNRC) not liable for the death of her husband, Jimmy Melvin, who was a resident of CNRC before his death. In this appeal, Maggie asserts that the circuit court committed reversible error by giving a jury instruction that constituted a misstatement of law, was unfairly prejudicial, and confused the jury.

¶2. Finding no error, we affirm.

FACTS

¶3. Jimmy resided at CNRC from on or about August 28, 2008, until on or about October 4, 2008, when he was admitted to the Bolivar Medical Center (BMC). At BMC, Jimmy was treated for a Stage III sacral decubitus ulcer. He later died, and Maggie sued CNRC, " alleging that the . . . ulcer was proximately caused by CNRC's failure to properly turn [Jimmy] and its failure to properly apply preventive ointment." [1]

¶4. During trial, CNRC submitted Jury Instruction D-22, which reads as follows:

The Court instructs the jury that nursing homes are not guarantors of the success of any care ...

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