Nursing home non-suited in wrongful death case

John Suayan, Galveston Bureau Jul. 11, 2011, 11:41am

GALVESTON - A local state district judge recently honored a Matagorda County woman's request to non-suit a League City nursing home from her wrongful death lawsuit.

Galveston County District Court 10th District Court Judge David Garner ruled in favor of Sargent resident Lynda Calloway's motion on May 12, a day after the complainant entered it into her suit.

Calloway sued Harbourview Care Center Inc. over the death of her mother, Doris Beard, in August 2009.

The complainant alleges the nursing home improperly looked after Beard from Oct. 1, 2007, to April 28, 2008. The plaintiff alleges the mistreatment led to Beard's death on June 18, 2008.

Harbourview repeatedly violated the law by failing to assure and provide sufficient nursing care to Beard, the original petition argues.

It adds Beard suffered from bedsores, dehydration and malnutrition, insisting the medical problems were brought on by the defendant's vicarious liability and gross negligence.

Calloway claims the ordeal negatively impacted her mental state.

Harbourview provided its original answer more than a month after the suit was filed.

Calloway's motion states that she and Beard's estate no longer desire to prosecute their claims against the facility.

Case No. 09-cv-1591

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