DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

032904P.pdf   07/23/2004  Chester E. Stogsdill  v.  Healthmark Partners
   U.S. Court of Appeals Case No:  03-2904
   Western District of Arkansas   
Civil case - torts. In nursing home malpractice case in which defendant's nurse employees failed to alert plaintiff's decedent's treating physician to a significant change in her bowel condition that led to fatal septic shock, the evidence was sufficient under Arkansas law to support an award of punitive damages; however, an award of $5 million in punitive damages was excessive under Arkansas law and the Due Process Clause; judgment would be conditionally affirmed, subject to the plaintiffs' acceptance of a remittitur of the punitive damages award to $2 million. [PUBLISHED] [Loken, Author, with Bowman and Wollman, Circuit Judges]