PROCTORVILLE — The retrial of the civil suit between a Proctorville physician and a Kentucky nursing home will be later this year.

Boyd Circuit Judge C. David Hagerman has set Nov. 15 as the date for 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.

This will be the third attempt to resolve the case.

The first time the case, which came to trial July of 2008, ended when Hagerman declared a mistrial before jury selection was completed because of irregularities during the voir dire process; in the second trial in mid-November of that year the jury was unable to reach a verdict and Hagerman declared a second mistrial.

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 Woodland Oaks in May of 2003.

Kim Tice, Woodland Oaks administrator, referred comments to the nursing home’s attorney, Cheryl Harrison of Frankfort.

“Since it is pending litigation, I won’t comment,” Harrison said.