Thursday, July 15, 2010

RICHARD SCAMPONE, EXECUTOR OF ESTATE OF MADELINE SCAMPONE v. GRANE HEALTHCARE COMPANY, GRANE ASSOCIATES, L.P., HIGHLAND PARK CARE CENTER, LLC, D/B/A

RICHARD SCAMPONE, EXECUTOR OF ESTATE OF MADELINE SCAMPONE v. GRANE HEALTHCARE COMPANY, GRANE ASSOCIATES, L.P., HIGHLAND PARK CARE CENTER, LLC, D/B/A HIGHLAND PARK CARE CENTER, TREBRO INC.
APPEAL OF: HIGHLAND PARK CARE CENTER, LLC, D/B/A HIGHLAND PARK : CARE CENTER, AND GRANE HEALTHCARE : COMPANY,

No. 2180 WDA 2007 2010 PA Super 124 Atlantic: n/a Filed: 7/15/2010

Appeal from the Judgment Entered November 8, 2007,
in the Court of Common Pleas of Allegheny County,
Civil Division, at No. G.D. No. 2005-24806.
Before: BOWES, DONOHUE and POPOVICH, JJ.
Opinion by: BOWES, J.
This is an appeal and cross appeal from judgment entered on a $193,500 jury verdict rendered in favor of the plaintiff, Richard Scampone in his capacity as executor of the estate of Madeline Scampone (“Plaintiff”), in this action involving nursing home liability. We find that the evidence was sufficient to support a cause of action for corporate liability and that such liability can be imposed upon a nursing home. We also conclude that the trial court improperly granted nonsuit in favor of Grane Healthcare Company during the course of trial and that there was sufficient evidence of misconduct in this case to warrant submission of the issue of punitive damages to the jury. We reverse and remand for a new trial.
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