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Appellate Ruling:  Youngblood v. Halifax Convalescent Center
Date:  January 23, 2004
Location:  Florida
W&M Nursing Home Neglect Attorneys:  Jim Wilkes, Timothy C. McHugh, John R. Cummings, Bennie Lazzara, Jr., Susan B. Morrison
Description: 

In a landmark decision, the Fifth District Court of Appeals established the right of a personal representative to bring a lawsuit against a nursing home on behalf of a deceased resident. Before this decision, a deceased nursing home resident had limited protection to bring forth in a lawsuit if the nursing home's behavior did not contribute to the resident's death.

The Court also held that a plaintiff need not establish evidence “beyond gross” negligence to establish liability for punitive damages. Further, the Court granted a new trial based on the defense's exercise of preemptory strikes against the only two African Americans on the jury venire. Nursing home neglect attorneys from Wilkes & McHugh, P.A. handled the appeal.


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