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New trial to be set in nursing home suit

CATLETTSBURG, Ky. — The date for the retrial of the civil suit between a Proctorville man and a Kentucky nursing home should be set shortly.

This will be the third trial in the case between Dr. Matthew C. Wilson M.D., as executor of the estate of Mabel Hague, his aunt, and Woodland Oaks Manor in Ashland, Ky.

Wilson, who lives in Proctorville, is an allergist and owner of Tri-State Allergies with offices in Huntington, W.Va., and Ashland. In a complaint originally filed Sept. 28, 2004, Wilson alleged that the nursing home “failed to discharge its obligations to care for Mrs. Hague.”

The complaint also charged that “as a consequence Mrs. Hague suffered from dehydration, malnutrition and pseudomonas urinary tract infection with gram positive cocci, and died on Aug. 3, 2003.”

She had entered the nursing home in May of 2003.

The case first came to trial in late July of 2008 in the courtroom of Boyd Circuit Court Judge C. David Hagerman. However, Hagerman declared a mistrial during voir dire (or paneling of a jury) when numerous objections caused the jury pool to become hostile and angry, the judge said.

Then in mid-November there was a second trial that lasted a week and ended in a hung jury of 6-6. In a civil trial nine jurors must agree for there to be a resolution.

Hagerman expects a new date to be set in a couple of weeks.

A call made to Kim Tice, administrator at Woodland Oak, was not returned by press time.