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W.Va. Judge Revisiting $91M Nursing Home Verdict

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Updated: Wed 10:53 PM, Jun 27, 2012

A West Virginia judge is revisiting a $91 million jury verdict against a nursing home arising from a former resident's death.

Kanawha Circuit Judge Paul Zakaib is considering several issues at a Thursday hearing before the 2011 verdict heads to the state Supreme Court of Appeals.

The family of Dorothy Douglas sued Heartland of Charleston and its parent company following her 2009 death at age 87. The jury found the nursing home negligent and awarded damages totaling more than $91 million.

Parent company Manor Care Inc. has asked Zakaib to throw out the verdict or allow a new trial. Among other issues, Manor Care questions whether the evidence supports the damage awards

Lawyers for son Tom Douglas argue the evidence justifies a verdict that includes $80 million in punitive damages.


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