Posts Tagged ‘defendant’
Saturday, December 6th, 2008
Attorney: George Weaver
Representing: Defendant: GA dept of Medical Assistance, GA dept of HR,
Carol McGuffy, McIntosh Trail Management
Date of Verdict: April 2003
Verdict: Defendant was NOT liable for the approximate $1,000,000 in lost profits and attorneys fees
Smith’s Quality Care (Plaintiff) owned and operated a personal care home and had a contract with GA Department of Medical Assistance (Defendant #1) to house Medicaid patients. The GA Department of Human Resources (Defendant #2) is responsible for monitoring and supervising the care that is given to Medicaid patients. Carol McGuffy (Defendant #3) is president of McIntosh Trail Management (Defendant #4) which, locates homes for Medicaid patients.
A complaint was filed which accused corporation, Smith’s Quality Care (SQC) of having inadequate food and heat. The investigation that followed resulted in SQC losing its Medicaid approval. All Medicaid patients were relocated and the personal care home subsequently closed.
SQC alleged that there was a breach of contract because they were not afforded certain rights before having their Medicaid approval revoked. Furthermore, they asserted that state agencies had denied them due process by failing to provide an adequate right to appeal the decision. Lastly, SQC argued that McIntosh Trail Management and McGuffy had unlawfully interfered with their contract when the Medicaid patients were relocated.
All charges were denied by the respective defendants. Specifically, the state agencies argued that SQC had indeed been given the right to appeal but did not properly exercise that right. McGuffy and McIntosh Trail Management maintained that the decision to relocate the Medicaid patients was made by the state and they were merely following instructions.
After 1 hour and 30 minutes of deliberation, a Carroll County Superior Court jury returned a verdict for the defendants.
The owner of SQC also claimed defemation againsMcIntosh Trail Management and McGuffy in regard to the complaint of inadequate food and heat. The verdict was again given in favor of the defendants.
sources: The Georgia Trial Reporter; Hollberg & Waver, LLP
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