W.Va. Judge Says No Conflict in Nursing Home Case

West Virginia Supreme Court Justice Robin Davis says there was no reason for her to recuse herself from a nursing home case.

ABC News reports that the plaintiffs’ attorney, Michael Fuller, bought a Learjet from Davis’ husband in December 2011 and contributed to Davis’ 2012 re-election campaign.

Davis says in a statement to media outlets that she wasn’t involved in the transaction. She says it occurred before the case was before the court.

Davis also says she doesn’t know who contributes to her campaign.

In 2011, a Kanawha County jury awarded $91 million to a family who sued Heartland of Charleston. The lawsuit said the nursing home failed to feed and care for a resident who died.

The Supreme Court reduced the award in June by more than half.

W.Va. Supreme Court Reduces Penalties in Lawsuit Against Charleston Nursing Home

  The West Virginia Supreme Court has reduced a $91 million verdict to about $37 million against a Charleston nursing home in a former resident’s death.

In a 76-page opinion Wednesday, justices ruled to limit damages against Heartland of Charleston.

A Kanawha County jury had found the nursing home failed to feed and care for Dorothy Douglas. The 87-year-old died 18 days after about a three-week stay in 2009.

Douglas’ son, Tom Douglas, sued parent company Manor Care Inc. and related companies, alleging negligent treatment.

The nursing home’s attorneys had called the $91 million award excessive and unfair. They said claims should have been subject to the state’s $500,000 cap on noneconomic damages in medical malpractice lawsuits.

Attorneys for the family and the nursing home didn’t immediately comment on the verdict.

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