Red Bear v. SESDAC, Inc.
Annotate this CasePlaintiff, as the administrator of her brother’s estate, sued the owners of the group home where her brother resided, alleging that Defendants (1) negligently failed to provide her brother medical care in a timely manner, (2) caused her brother’s wrongful death, and (3) failed to seek proper consent for the handling of her brother’s body after his death. The circuit court dismissed the third claim on summary judgment. After a trial, the jury found that Defendants were negligent but that the negligence was not the legal cause of the damage alleged by Plaintiff. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion when it (1) granted Defendants partial summary judgment or at trial when it excluded Plaintiff’s evidence related to Defendants’ involvement in the post-death decisions; (2) denied Plaintiff’s motion for change of venue; (3) refused Plaintiff’s instruction on spoliation; and (4) denied Plaintiff’s motion for a new trial.
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