Legal Opinion

Racher v. Westlake Nursing Home Ltd. Partnership

Court of Appeals for the Tenth Circuit

Decided September 28, 2017No. 16-6011PublishedCited by 99 opinions

1Opinion of the Court

BRISCOE, Circuit Judge.

Eryetha Mayberry was abused by two certified nursing assistants while in the care of Quail Creek Nursing Home, operated by Westlake Nursing Home Limited Partnership and Westlake Management Company (collectively “Quail Creek” or “Westlake”). Mrs. Mayberry’s three daughters (collectively “plaintiffs”) filed this diversity action against Westlake under Oklahoma law for negligence, negligence per se, and intentional infliction of emotional distress. After a trial, the jury found for plaintiffs and against Westlake on the claims of negligence and negligence per se, and made…

2Cases cited55 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Jones v. BockSupreme Court of the United States · 2007
  3. Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
  4. Hanna v. PlumerSupreme Court of the United States · 1965
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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3Cited by99 opinions

  1. Burke v. RegaladoCourt of Appeals for the Tenth Circuit · 2019
  2. Nowell v. Medtronic Inc.District Court, D. New Mexico · 2019
  3. Selective Ins. Co. of S.C. v. SelaDistrict Court, D. Maine · 2018
  4. Stender v. Archstone-SmithCourt of Appeals for the Tenth Circuit · 2020
  5. Stroup v. United AirlinesCourt of Appeals for the Tenth Circuit · 2022

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