Excerpt from Virginia Lawyers Weekly.
Plaintiff was a 78-year-old resident of the defendant nursing home. In May 2008, she sustained a left spiral femur fracture during a transfer from her bed to her wheelchair. Liability was complicated by the lack a clear recollection of the incident by the plaintiff. She testified that she was ordered by the defendant certified nursing assistant to get out of bed, stand unassisted and walk five or six steps to her wheelchair. She testified that she then walked backward to her bed and fell when she could not locate her wheelchair. The defendants strongly challenged the credibility of this testimony.