Swann v. Len-Care Rest Home, Inc.
Supreme Court of North Carolina
Swann v. Len-Care Rest Home, Inc., 497 S.E.2d 282 (N.C. 1998)
348 N.C. 68; 1998 N.C. LEXIS 158
Per Curiam
Swann v. Len-Care Rest Home, Inc.
Opinion
For the reasons stated in the dissenting opinion by Judge John C. Martin, Swann v. Len-Care Rest Home, 127 N.C. App. 471, 475-76, 490 S.E.2d 572, 575-76 (1997), the decision of the Court of Appeals reversing the directed verdict as to plaintiff Swann’s claim is reversed; and the case is remanded to the Court of Appeals for further remand to the Superior Court, Cumberland County, for reinstatement of the trial court’s judgment.
REVERSED AND REMANDED.
Reference
- Full Case Name
- Annie C. Swann and Carolyn D. Smith v. Len-Care Rest Home, Inc., Andrew Stewart, and Shelbia Norris
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- Hospitals and Medical Facilities or Institutions § 62 (NCI4th) — rest home — failure to restrain resident — insufficient evidence of negligence The evidence was insufficient for the jury on the issue of negligence by defendant rest home and its employees in failing to restrain a ninety-eight-year-old resident at the time she fell and was seriously injured.