New Jersey Nursing Home Lawsuit
New Jersey Court Grants New Trial in Nursing Home Case
July 17, 2017
An appeals court in New Jersey has ruled that a trial court judge neglected to ask open-ended questions during jury selection for a case in which a man died while in the care of a nursing home. The appeals court ruled that this oversight was grounds to dismiss the verdict that favored the nursing home and to reopen the case.
The ruling held that the judge’s questions were not sufficiently unbiased as to enable the impaneling of an impartial jury.
At issue in the case is the 2009 death of Joseph Gamma at the Cedar Hill Health Care Center in New Jersey. Gamma’s widow, Maria, alleges that the nursing home was negligent in failing to provide rails on her husband’s bed, and that the rails would have prevented the fall that eventually led to the injuries that caused his death.
The appeals court ruled that the judge in the initial trial had failed to ask the open-ended questions that are required by New Jersey state law. The court also blocked an attempt by Cedar Hill to reject evidence from the earlier trial.
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