Nicole Tarpley suffered injuries at a Pasadena nursing facility after receiving just one day of floor orientation instead of the standard three days. Facility staff erroneously instructed her that the heavy patient required only one person to assist with transfers, directly contradicting internal safety protocols. The appeals court determined that the trial record only supported $235,551.49 for a planned neck surgery rather than the $500,000 originally awarded for future medical care. Tarpley must decide within 20 days whether to accept the reduced amount or proceed to an entirely new trial.
Key points
Employers cannot rely on a worker's past professional experience to excuse their own fail…: Employers cannot rely on a worker's past professional experience to excuse their own failure to provide proper safety instructions.
Damage awards for anticipated healthcare costs must be substantiated by precise financial…: Damage awards for anticipated healthcare costs must be substantiated by precise financial evidence rather than general procedure recommendations.
Refusing the court's proposed reduction will force Tarpley to litigate both liability and…: Refusing the court's proposed reduction will force Tarpley to litigate both liability and damages again in a new trial.
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The Texas Court of Appeals has upheld a nursing facility's liability in a lawsuit filed by a nursing aide who was injured while helping a patient weighing more than 300 pounds move from a bed to a wheelchair. However, it has proposed reducing the $500,000 awarded for her future medical expenses by $264,448.51.
The
ruling, delivered by the Fourteenth Court of Appeals on November 5, comes nearly 10 years after the May 2016 incident. The court upheld the jury's finding that Red Bluff LLC was negligent and that its actions caused the aide's injuries.
The jury awarded Nicole Tarpley $7.11 million for medical expenses, physical pain, mental anguish and physical impairment. The appeals court upheld most of the award but said the evidence supported only $235,551.49 in future medical expenses.
Tarpley has 20 days to accept the proposed reduction. Otherwise, the case will return to the trial court for a new trial on liability and damages.
Nursing aide received only one day of floor training
Red Bluff operates a nursing and rehabilitation facility in Pasadena, Texas. It hired Tarpley as…
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