The Georgia Court of Appeals ruled that the trial court was without authority to sentence the defendant to a period of continuous and uninterrupted incarceration in a jail or penitentiary as a condition of probation.
Continental Casualty Co. v. Rachels et al
May 01, 1992
Appeal granted reversing summary judgment
Estate sued the defendant, a former registered nurse, for wrongful death related to a lethal injection of potassium chloride the nurse gave the deceased while she was a patient in the hospital.
In a related criminal case the nurse was found guilty but mentally ill of aggravated assault.
The nurse's liability insurer filed a declaratory judgment action seeking to have the Court declare that its policy afforded no coverage for the wrongful death claim because the injection did not constitute "professional services" and based on the intentional act exclusion and the criminal act exclusion contained in the policy.
The US District Court granted summary judgment to the insurer. On appeal the Eleventh Circuit reversed the District Court finding that questions of fact remained precluding summary judgment since the nurse may not have intended the act due to her mental illness.
After remand to the District Court, the case settled prior to trial.