Hague v. Woodland Oaks Hung Jury KY
An interesting LTC case tried in Ashland KY where plaintiffs, represented by Davis & Harmon out of FL, argued that their client had been allowed to become malnourished, dehydrated and infected due to neglect. In a bizarre twist the defendants served a CR 8.10(2) interrogatories on the plaintiffs who decided not to reveal what amount of damages they were seeking except $7000.00 in medical expenses. Once a jury was seated the defense filed a motion with the court seeking Fratzke relief stating the plaintiffs failed to tender underunder CR 8.10(2). The trial judge did not rule that day but dismissed the parties for the day. That evening the parties agreed to cap damages at $350,000.00 thus not forcing the judge to rule on the motion. The jury could not reach a verdict and was hung at 6 to 6. A mistrial was called and the case will be retried. There will apparently be a fight over whether or not the parties will be bound their agreement to cap damages at $350K or the plaintiffs will be allowed to tender an answer under CR 8.10(2).