Zebley Ex Rel. Zebley v. Heartland Industries of Dawson, Inc.
2010 U.S. App. LEXIS 23417
| 8th Cir. | 2010Background
- Fallon Zebley died after jumping from a fifth-floor fire escape at the Ivers Building while under Heartland’s care.
- Fallon had severe brain injury with impaired judgment, impulsivity, and risk-taking tendencies.
- An interdisciplinary team (Heartland, Divine House, Solutions, and family representatives) used RMAP and BPP to manage Fallon’s risks.
- Rock, Fallon’s primary Heartland job coach, supervised Fallon and implemented the RMAP/BPP.
- The incident occurred after Rock attempted to process Fallon’s behavior and Fallon accessed the fire escape.
- Zebley sued Heartland for wrongful death; a jury returned a verdict for Heartland; district court denied post-trial motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sudden emergency instruction improper? | Rock created the emergency; instruction lowered standard of care | Instruction properly stated law; emergency doctrine fair | Instruction upheld; adequately conveyed law and preserved defense rights |
| Hindsight instruction improper? | Instruction is unprecedented and prejudicial | Instruction correctly stated North Dakota law | Instruction upheld; reflects proper foreseeability standard and ND precedent |
| Post-trial motion: sufficient evidence to support verdict? | Evidence showed Heartland neglected Fallon’s safety | Evidence supported ordinary care; suicide unforeseeable | There was sufficient evidence; no miscarriage of justice; jury could find Heartland acted with ordinary care |
Key Cases Cited
- McCoy v. Augusta Fiberglass Coatings, Inc., 593 F.3d 737 (8th Cir. 2010) (standard of reviewing jury instructions and abuse of discretion)
- Martinson Bros. v. Hjellum, 359 N.W.2d 865 (N.D. 1985) (hindsight principle in negligence actions (ND law))
- Bjerke v. Heartso, 183 N.W.2d 496 (N.D. 1971) (negligence determined without the aid of hindsight)
- Oceanic Steam Navigation Co. v. Aitken, 196 U.S. 589 (1905) (negligence must be judged by facts as they appeared then)
- Klisch v. Meritcare Med. Group, 134 F.3d 1356 (8th Cir. 1998) (adopted similar hindsight instruction under MN law)
- Ebach v. Ralston, 510 N.W.2d 604 (N.D. 1994) (sudden emergency instruction properly guided jury)