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March 11, 2005     Cape Gazette
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March 11, 2005

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IINSlDE: SO ] "The Price of Liberty is Eternal Vigilance" Delaware's Cape Region Friday, March 11 - Monday, March 14, 2005 ) Volume 12 No. 82 Suit seeks damages in Lewes woman's death Medical facilities attorneys, family square off in court By Laura Ritter The family of a Lewes woman who was found near death in a frozen food locker at Lewes Convalescent Center is suing the center and its owner, Beebe Medical Center Inc., in a trial her family said is aimed at improving nursing home care in the Cape Region. The family of Julie Bailey, who died about three weeks later of hypothermic injury and frostbite gangrene complicating Alzheimer's disease, is seeking compensa- tory and punitive damages in the case, which opened March 7 before Delaware Superior Court Judge E. Scott Bradley. Attorneys for the not-for-profit Lewes hospital and convalescent center admitted that compensatory damages are appropri- ate, but they rejected claims for punitive damages. It is punitive damages that lie at the heart of the trial. Attorneys for the family said they would show that Bailey's death occurred because she was wrongfully discharged to a facility that was not equipped or properly staffed to handle Bailey, who was 60 years old, fit and likely to wander. Beyond the errors in her care, Bailey family attorney Butler Daniel told the jury of seven women and five men that Beebe operates the convales- cent center as a discharge outlet that has to accept hospital patients who no longer require hospital-level care. Daniel said in his opening statement that while Beebe has admitted Bailey received bad care, "they have not admitted that the care was so bad that it demonstrates an 'I don't care atti- tude.' We're going to show you that just ain't so." Continued on page 20 Contractors converge upon Dover School bus drivers want to improve financial future By Bridin Reynolds HUghes Convoys carrying more than 70 school bus contractors from Sussex County con- verged on Legislative Hall, March 10, in an effort to get back in the driver's seat of their own financial destiny. The contractors are lobbying the Joint Finance Committee (JFC) for a change in the state reimburse- ment formula established in 1977. "I must happily admit surprise because I don't think the Department of Education officials were prepared for the hammering they received from Sen. Venables and Rep. Jim Cmuon photo Schwartzkopf," said Maurice Moore, prin- cipal of Moore Enterprises, which operates Delaware SPCA recovers attack dog from Norfolk, Va. 18 school buses in the Indian River and Cape Henlopen school districts. This 76-pound Olde English bulldog was part of a four- also shot and wounded but ran away. SPCA dog control Moore expressed relief that local legisla- dog pack that attacked and maimed a 6-year-old Delmar investigators discovered that Sire had been taken to tors appear to be responding to what school boy, Feb. 18. Norfolk, Va. Local investigators obtained a warrant for One of the dogs was shot by state police and killed at the dog, and Norfolk police executed the warrant. For Continued on page 19 the scene of the attack. Sire, the dog shown above, was more details, see story on page 10. New television station possible for Rehoboth (.h l q0 ( 1( the Georgia man behind the idea. He said programming- such as high Gottesman said he believes the advertis- UHF anne. Meyer Gottesman said he is in the school sports events, community church aug base to support the station already exists o'e air o'y lvl00'ay 2007 process of purchasing the license to operate services and programs to provide tourists in the area, and he said with the area's on a 20,000-watt television station that would with information - would make up the bulk growth, more businesses axe yet to arrive. serve Rehoboth Beach, Dewey Beach and of the stations content during the summer "The chambers of commerce in the area By Henry J. Evans Jr. Lewes. months, have about 900 members listed. If 50 of A new UHF television station - Channel "We're thinking of being very communi- He said he's also had discussions with them are service types, like lawyers and 59 - could be on the air and broadcasting ty oriented and doing the things that are not network and cable program providers doctors, that would leave 850 storefront from Rehoboth Beach by May 2007, if a being done by the Salisbury [Md.] televi- including NBC, PAX and America One, to type businesses," Gottesman said. number of business chips fall into place for sion stations," he said. fill out Channel 59's programming. Continued on page 18