Oral arg. – Miss.S.Ct. – July 25, 2016

At 1:30- the Miss.S.Ct. will hear   Wesley Health System v. Estate of Jackie Katherine Love. 

Thirty-four year old Jackie Love underwent surgery (a 90% gastrectomy; she suffered from Coat’s syndrome)  at a facility owned by Wesley Health Systems on April 30, 2013.  Her husband alleged that when he visited her at the hospital on May 3, 2013, she was not in  wrist restraints and had removed her nasogastric tube.  The Estate alleges that a nurse shoved the tube back in  resulting in sepsis and eventually death.

The Estate filed suit on January 16, 2015. On March 24, 2015, the Plaintiff served Wesley with the summons, complaint, and discovery on Wesley’s  Registered Agent for Service of Process, CSC of Rankin County, Inc.  When Wesley did not respond, the Plaintiff obtained an entry of default on May 12, 2015.  A default judgment was entered on May 15, 2015 and a hearing on damages was held on May 18, 2015.  The court awarded damages of 5,034,715.18 ($534,715.18 in economic damages, $1,500,000.00 in non-economic damages, $500,000.00 in attorney’s fees and punitive damages of $2,500,000.00).

On May 29 Wesley filed a motion to set aside the default judgment. It alleged that CSC was not served. The court heard testimony, determined that process was served and eventually issued an order  upholding the default judgment, but remitting the damages to $1,784,715.18 ($534,715.18 in economic damages, $500,000.00 in non-economic (emotional and mental trauma and distress) damages, $250,000.00 in attorneys’ fees and $500,000.00 in punitive damages).  Wesley appealed.

Wesley Health System’s brief

Estate of Jackie Love’s brief

Wesley’s reply brief

Watch the argument here.

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