JML Care Center, Inc. v. Bishop

Initially, the plaintiff nursing home (JML), alleging breach of contract, sued Ruth S. Hervey (Hervey), a patient, for the balance due for her daily charges. Subsequently, Hervey died, and Jodee P. Bishop (Bishop), the executrix of Hervey’s will, was substituted as the defendant. After trial, the trial judge found in favor of Bishop and ordered the complaint dismissed. JML appeals under Dist./Mun. Cts. R. A. D. A., Rule 8C. We affirm the trial judge’s decision.

We state the basic facts as found by the trial judge.2 On June 5, 1998, Hervey, then 88 years of age, who had been treated in the…