Smith v. Delta Healthcare -SJ Granted Against Wilkes & McHugh Client
I wanted to let you know of an Order Delta Health Group, Inc. received this week granting it summary judgment against a Wilkes’ client in a case on the gulf coast of Mississippi.
As many of you have probably experienced in your litigation with Wilkes, he refuses to identify any individual caregivers who neglected residents or any specific acts of neglect that caused harm to a resident. Instead, he contends that inadequate staffing, short supplies, and lack of corporate support made working conditions intolerable and lead to inevitable neglect of residents.
He took a similar tact against us. Dan Dias of Mancuso Dias in Tampa filed a Motion for Summary Judgment, arguing that Wilkes was required to identify negligent caregivers under Mississippi case law, and his failure to do that entitled Delta to summary judgment. Dan’s presentation at the hearing on that Motion was one of the more compelling, entertaining and enjoyable arguments I have watched recently and, in the end, convinced our trial judge that Delta was entitled to summary judgment. Score another one for the good guys.
I’m finding Mississippi Appellate Courts have a very good understanding of what a burden of proof requires in these negligence cases, and how Wilkes fails to meet it. If anyone has any questions about the decision or law involved, please don’t hesitate to contact me or Dan.
Author: Web Master