Alston v. Britthaven, Inc.

MARTIN, Chief Judge.

Plaintiff, as personal representative for Edward Braddock Alston (“Mr. Alston”), deceased, brought this action alleging negligence on the part of defendant Britthaven, Inc., d/b/a Britthaven of Louisburg. Defendant answered, denying negligence and asserting affirmative defenses.

The evidence at trial, summarized briefly and only to the extent required to address the issue raised on appeal, showed that on 27 March 1996, Mr. Alston entered Britthaven of Louisburg (“Britthaven”), a nursing home in Louisburg, North Carolina. Britthaven is part of a chain of nursing homes run by…