DeSoto Healthcare, Inc. v. Conley


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Docket Number: 2008-IA-01762-SCT
Linked Case(s): 2008-IA-01762-SCT

Supreme Court: Opinion Link
Opinion Date: 08-12-2010
Opinion Author: Pierce, J.
Holding: The motion for rehearing is denied. The previous opinion is withdrawn, and this opinion is substituted therefor. As to 2008-CA-00688-SCT - Estate of Johnson v. Graceland Care Center of Oxford, LLC; Reversed and Remanded. As to 2008-IA-01762-SCT- DeSoto Healthcare, Inc. v. Conley; Affirmed and Remanded.

Additional Case Information: Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ.
Procedural History: Motion for Rehearing; Dismissal
Nature of the Case: CIVIL - WRONGFUL DEATH

Trial Court: Date of Trial Judgment: 10-02-2008
Appealed from: DeSoto County Circuit Court
Judge: Robert P. Chamberlin
Disposition: After a hearing on the matter, the trial court ruled that all of the plaintiff’s claims arose from alleged medical malpractice by Graceland. The trial court further held that the medicalmalpractice statute of limitations began to run the last day Johnson received treatment from Graceland, and therefore, the plaintiff’s claims were time-barred. The plaintiff’s claims were dismissed with prejudice.
Case Number: CV2008-0175CD
  Consolidated: Consolidated with 2008-CA-00688-SCT; The Estate of Ardelua Johnson, By and Through Allie Shaw, Individually and as Executrix of the Estate of Ardelua Johnson, and for the use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Graceland Holdings, L. P., Graceland Inc., Lafayette LTD, Inc., Katie M. Overstreet Qtip Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson; Lafayette Circuit Court; LC Case #: L06-347; Ruling Date: 03/28/2008; Ruling Judge: Henry Lackey

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center




ANDY LOWRY, THOMAS L. KIRKLAND



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Timothy Conley BOBBY F. MARTIN, JR.  


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