VanDevender v. Blue Ridge of Raleigh, LLC, No. 17-1900 (4th Cir. 2018)Annotate this Case
Defendants moved for judgment as a matter of law after a jury returned verdicts awarding compensatory and punitive damages for each plaintiff in three wrongful death nursing home malpractice claims. Defendants argued that plaintiffs failed to produce evidence of an aggravating factor necessary to support an award of punitive damages under North Carolina law and failed to produce evidence necessary to support a verdict regarding Plaintiff Jones.
The Fourth Circuit held that the district court correctly found plaintiffs presented sufficient evidence that defendants' negligence proximately caused the death of Elizabeth Jones but erred in finding plaintiffs failed to present evidence sufficient for a reasonable jury to award punitive damages. The court affirmed the district court's denial of the motion for judgment as a matter of law as to Plaintiff Jones' award of compensatory damages; reversed as to plaintiffs' award of punitive damages; and remanded with instructions to enter judgment for plaintiffs consistent with North Carolina's statutory limits on punitive damages.
This opinion or order relates to an opinion or order originally issued on August 2, 2018.