Racher v. Westlake Nursing, No. 16-6011 (10th Cir. 2017)Annotate this Case
Eryetha Mayberry was abused by two certified nursing assistants while in the care of Quail Creek Nursing Home, operated by Westlake Nursing Home Limited Partnership and Westlake Management Company (collectively “Quail Creek” or “Westlake”). Plaintiffs, Mrs. Mayberry’s three daughters, filed suit against Westlake under Oklahoma law for negligence, negligence per se, and intentional infliction of emotional distress. After a trial, the jury found for plaintiffs and against Westlake on the claims of negligence and negligence per se, and made a special finding that Westlake had acted with reckless disregard for the rights of others. The jury awarded $1.2 million in compensatory damages and $10,000 in punitive damages. Westlake appealed, but finding no reversible error in the trial court’s decision, the Tenth Circuit affirmed.