The Iowa Court of Appeals has reversed a multi-million dollar judgment against a Winnebago County nursing home and ordered a new trial.
A jury awarded the estate of Darlene Weaver six million dollars from the Timely Mission Nursing Home in Buffalo Center after family members claimed gross negligence and dependent adult abuse prior to her death in 2017.
The nursing home appealed on several issues — including that the district court wrongly admitted evidence about an employee at the center of the accusations that was hearsay and unfairly prejudicial.
The Appeals Court sided with the nursing home on that point — saying the identity of those making the statements about the employee are unknown and there is nothing to assure the unnamed staff members were speaking within the scope of their employment.
They reversed the verdict and ordered a new trial.
