GALLATIN, Tenn. (WTVF) — A verdict is in on the wrongful death lawsuit involving a Gallatin nursing home. After nearly six hours of deliberations, the jury unanimously decided that while the Gallatin Center for Rehabilitation and Healing was negligent during the early days of the pandemic, they were not responsible for the death of 89 year old Ruth Summers.
This means the nursing home will not have to pay Ruth's family. Watch the final verdict in the player below.
The legal team representing the nursing home shared their reaction with NewsChannel 5, shortly after the verdict was read in court. "We’re happy, we feel like we appreciate the jury’s hard work and feel like the nursing home has been vindicated," said Howard Hayden.
Debbie Bolton, the daughter of Ruth who sued the Gallatin nursing home claiming negligence led to her mother's death from COVID, was not in attendance when the verdict was read because of her own health problems. Active staffers for the nursing home were present in the gallery.
Attorney Clint Kelly, who represented Ruth's family, shared their disappointment but added, this won't deter them from the other lawsuits involving this nursing home. "I wish we had won, but we proved that they did something wrong. They spent almost the entire trial saying they didn’t, but the jury found unanimously they were negligent and did wrong," said Kelly. "We’ve got 24 more cases and we’ll learn from this experience and try the next one."
Prior to the ruling — after three weeks of, at times, emotional and combative testimony — attorneys delivered their closing arguments.
"This dereliction of duty happened at the worst time possible and on an epic scale," said Clint Kelly, an attorney for the family of Ruth Summers.
"This is not Gallatin Center’s fault. It is not Gallatin Center’s fault," said Howard Hayden, an attorney for the nursing home.
But there was one topic during closing arguments that Hayden and Kelly were able to agree on: Who's version of events is more believable? That will be the tricky question jurors will have to answer.
Kay Holmes was Kelly's key witness. She, and fellow nurse Kris Brooks, both testified during the trial that they were asked to still come into work when they felt sick.
"I need you to go to work. I don’t have anybody to take your spot," recounted Holmes, during her testimony earlier this month.
"Neither one of those people should have been in the facility that day. Neither one," said Kelly during closing arguments.
But Hayden argued both former nurses hold grudges with the facility, are being paid by the Kelly Firm as expert witnesses, and shouldn't be considered credible.
"She called her buddy Kris Brooks and asked her to help, too. They’ve been friends since high school. And Kris Brooks, who was also here quite a bit throughout this trial, she helped too. They’re both getting paid," said Hayden.
Hayden's key witness was the facility's former administrator Dawn Cochran. She often became combative and defensive during her testimony. Kelly claimed during his closing argument that she was a little too defensive.
"Judge her by her statements, judge her by her testimony, judge her by her body language, which speaks volumes. Ask yourself, what is she hiding?" asked Kelly.
Hayden defended Cochran, saying she was just defending her honor.
"She’s being accused of ultimately being responsible for Clara Summer’s death. I believe I’d be mad. I believe each of you would be mad and indignant too," said Hayden. "Was she perfect? Absolutely not. Did she make mistakes? Yes. Did those mistakes result in Clara Summer’s death? That’s the question you need to decide."
So who should the jury believe? The two attorneys have said all they can say.
"They want to blame everybody else and give you excuses," said Kelly.
"We did the best that we could," said Hayden.
Now it's up to the jury of 12.
Stay tuned to NewsChannel 5 for the latest on the verdict of this trial.
Do you have more information about this story? You can email me at Chris.Davis@newschannel5.com.
It’s a sad reality that area animal shelters and non-profit rescue organizations face constant overcrowding -- with so many dogs, cats and other animals waiting for a forever home. Jason Lamb reports here that Metro leaders are working with those groups – including Critter Cavalry – to find solutions. I’ve fostered a dog from Critter Cavalry, so I understand the need is great. And I found my pup Domino through another local group, Proverbs Animal Rescue. Ultimately, it starts with all of us. Getting more dogs and cats spayed or neutered can help control the pet population – and ease the burden.
-Rhori Johnston
