Barefoot v. Sundale Nursing Home

CLECKLEY, Justice:

This case was originally submitted for decision at the September, 1994, term of this Court, arid an opinion was filed on December 8, 1994. Thereafter, the plaintiff below and appellee herein, Mary Jane Barefoot, Admin-istratrix of the Estate of Grace Lambert, petitioned for a rehearing and said petition was granted. On April 4,1995, this case was reheard and the Court, thereafter, withdrew the original opinion. We now issue the following opinion.

I

FACTUAL AND PROCEDURAL BACKGROUND

The defendant below and appellant herein, Sundale Nursing Home, appeals the decision of the…