Scampone, R. v. Grane Healthcare Co.

OPINION BY

BOWES, J.:

In this appeal, Richard Seampone, in his capacity as executor of the estate of Madeline Seampone (“Mr. Seampone” or the “Plaintiff’), challenges a number of rulings that the trial court rendered in this longstanding nursing home liability action. After close review, we reverse and remand for a new trial.

This action has been to this Court twice, the Supreme Court once, and the trial court twice. To clarify the issues currently before us, it is necessary to repeat the factual and procedural background of the case.

I. PRIOR PROCEEDINGS

A. FIRST TRIAL

On September 22, 2005, Mr.…