On January 14, 2016 Circuit Judge Eddie Bowen granted Defendant’s motion for directed verdict in Ashmore v. Mississippi State Veterans Home. Here is the Order.

According to the Order, the case involved an 85 year old double amputee [uh-oh] suffering from multiple medical conditions. The gentlemen allegedly suffered a fractured humerus during a lift transfer from bed. The plaintiff also alleged negligence related to dehydration. lift transfer

According to the Court’s order, the plaintiff did not have supporting expert testimony. Plaintiff attempted to satisfy the expert testimony requirement through the executrix, who was an LPN. This still left the plaintiff without a medical causation expert.

The defendants argued that even assuming that the lift transfer broke the man’s arm, there was no proof of a breach of the standard of care. The Court agreed.

The Court found that plaintiff failed to establish:

  • a breach;
  • proximate cause; or
  • damages (since there was no proof of increased pain resulting from the fracture).

Jeff Reynolds and Carson Thurman of Jackson represented the Defendant. Barry Gilmer and Wade Gilmer of Madison represented the plaintiff.

My  Take:

That case was a real long-shot for the plaintiff even without some of the proof deficiencies. Kudos to Judge Bowen for a quick ruling.