Posted by TotalInjury.com Staff Writer | Posted in The Personal Injury Courtroom
The Delaware Supreme Court denied an appeal by Beebe Medical Center and its insurance carrier for the compensatory damages in the wrongful death case brought by Julie Bailey’s family. Julie Bailey, who suffered from Alzheimer’s disease, was released from the Beebe Medical Center in 2003 to the nearby Lewes Convalescent Home and walked directly into a food freezer at the home. She became trapped and suffered frostbite which led to her death.
The Delaware personal injury suit originally brought by Ms. Bailey’s family went to court in 2005 to argue for both punitive and compensatory damages. The medical center took responsibility for the negligence and agreed to $5 million in punitive damages. Beebe then appealed the compensatory damages to the Supreme court arguing that evidence related to the punitive damages should not have been included in the court’s consideration for the compensatory damages. The court upheld the $13 million verdict for the compensatory damages and is the largest ever Delaware personal injury settlement for this type of case.
