McCoy v. Alvista Care Home, Inc.

Sognier, Judge.

Connie McCoy, administratrix of the estate of Dera Thaxton Bryan, brought suit against Alvista Care Home, Inc., an intermediate health care facility, to recover for the wrongful death of Bryan. Judgment was entered on the jury’s verdict for Alvista, and McCoy appeals from the denial of her motion for new trial, enumerating as error the trial court’s charge to the jury on hindsight.

The evidence adduced at trial disclosed that Bryan was admitted to appellee’s facility on October 18, 1985. Bryan, who was seventy-eight years old at the time, was suffering from senile dementia,…