Shelley McCown v. Alternative Health Care Systems, Inc., et al.

Dead Bodies - Organ Donation - Intentional Trespass - Mutilation - Shelley McCown brought this action against Alternative
Health Care Systems, Inc., d/b/a Peachtree Hospice ("AHC"),
Sandra H. Yates, R.N., and Judith Ann Musco, R.N., among others,
seeking damages for trespass to and mutilation of her husband's
body, intentional infliction of emotional distress, negligence
per se in violating OCGA § 31-23-6, wanton failure on the
part of AHC to train and supervise its employees, punitive
damages,and bad faith penalties. McCown contended that AHC
personnel wrongfully instructed an eye bank to remove her
deceased husband's eyes after she had refused permission, then
concealed their actions from her and falsified records pertaining
to the eye removal.

Plaintiff's verdict for $418,000.00. After the first portion of a bifurcated trial under OCGA
§ 51-12-5.1 (d), the jury completed a special verdict form
declining to award "special damages" and awarding "compensatory
damages" against AHC, Yates, and Musco. The jury also found that
the conduct of AHC justified the award of punitive damages.
After the punitive damages phase of the trial, the jury returned
a verdict against AHC for punitive damages, but declined to find
specific intent to harm McCown. See OCGA § 51-12-5.1 (f).
The motion for new trial by AHC, Yates, and Musco and the motion
for judgment notwithstanding the verdict by AHC were denied

Unknown

Unknown

Affirmed by the Georgia Court of Appeals. See: 514 S.E.2d 691, 237 Ga. App. 355 (1999). The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.