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]