Myers v. Heritage Enterprises, Inc.

Plaintiff, Michael B. Myers, independent executor of the estate of decedent, Mary Prilhnayer, appeals the judgment entered in favor of defendant, Heritage Enterprises, Inc., upon the jury’s verdict. We reverse and remand.

I. BACKGROUND

In August 2000, Penny Chapman and Carolyn Butler, certified nurse’s aides/nursing assistants (CNAs), worked at Heritage Manor, a nursing home owned and operated by defendant. They attempted to transfer decedent, a 78-year-old resident, from her wheelchair to her bed using a device known as a Hoyer lift. During the process, decedent fell approximately 18 inches…