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Sunbridge Healthcare Corp. v. Penny3/11/2005
Bruce Elliott Penny, independent administrator of the estate of Pauline E. Penny, deceased, sued Brenda Patterson claiming negligence and gross negligence. At the same time, he also sued SunBridge Healthcare Corporation d/b/a SunBridge Care and Rehabilitation for Linden ("SunBridge") and Sun Healthcare Group, Inc. ("Sun") claiming vicarious liability, negligence, gross negligence, violation of resident's rights, and injury to the elderly. Penny sought recovery of actual and exemplary damages based on negligent treatment and care of his grandmother, Mrs. Penny.
The jury returned a verdict in favor of Penny: $1,000,000.00 in pain and suffering and mental anguish, $496,934.00 for disfigurement, $496,934.00 for physical impairment, and $6,132.00 in funeral and burial expenses.
Judgment in accordance with the jury's verdict was signed June 13, 2003. Appellee filed a motion for new trial or, alternatively, a motion for remittitur or to modify. This motion was overruled by operation of law. Appellee also moved for judgment notwithstanding the verdict (JNOV), and the trial court overruled this motion.
I. FACTUAL SUMMARY
Mrs. Penny was a resident of the nursing home in Linden, Texas, operated by Sunbridge. Between November 2000 and February 12, 2001, she fell fourteen times at the nursing home. On March 27, 2001, she and another resident were taken to a physician by one staff member of the nursing home. Upon arriving at the physician's office, both residents were placed in wheelchairs. Mrs. Penny was left unattended in her wheelchair when the staff member went back to assist the other resident. Mrs. Penny's wheelchair began rolling down the sidewalk at a rapid speed. A witness saw that Mrs. Penny had a "real scared expression on her face." When the wheelchair veered off the sidewalk, Mrs. Penny was thrown onto the concrete parking lot and suffered serious injuries. Four days later, she died from those injuries.
II. EXPERT TESTIMONY
In their first point of error, Appellants contend that the admission of the testimony of Glenda Joiner-Rogers, R.N., Ph.D., constituted harmful error that probably resulted in an improper judgment. They argue that Joiner-Rogers was not qualified to render any opinion regarding the standard of care applicable to Appellants, and further, that Joiner-Rogers' expert report failed to disclose any opinion regarding the issue of the staffing of the facility at any time before or including March 27, 2001.
A. Admission/Exclusion of Evidence
1. Standard of Review
The admission or exclusion of evidence is a matter committed to the trial court's discretion. See City of Brownsville v. Alvarado, 897 S.W.2d 750, 753 (Tex. 1995). The appellate court examines the entire record to determine whether the trial court committed error and whether that error probably caused the rendition of an improper judgment. See Tex. R. App. P. 44.1(a); Alvarado, 897 S.W.2d at 754; Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394, 396 (Tex. 1989).
2. Preservation of Error
Appellants filed their pretrial motion to exclude expert testimony in which they argued that Penny's testifying expert, Joiner-Rogers, was not qualified as an expert because she lacked the necessary knowledge, skill, experience, training, or education regarding standards of care for nursing homes or the transportation of patients. The trial court heard this motion before Joiner-Rogers' testimony. At this hearing, Appellants reurged their argument regarding Joiner-Rogers' qualifications and also argued that her opinions regarding alleged understaffing should be excluded because those opinions were not discl
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