Appeals court: State can be sued over death at veterans home

GRAND RAPIDS, Mich. (NEWSCHANNEL 3) - An appeals court has ruled on a Grand Rapids case, saying the state can be sued over the death of a World War II vet at a veterans home.

It stems from a case in 2012. 84-year-old Andrew Ball Jr. was struck several times in the head by another resident and died a few days later.

Ball was living in a secured dementia unit at the state-run veterans home but somehow was able to get out.

In a two to one decision, the Michigan Appeals Court says the state isn't immune to a lawsuit because the negligence claimed by his family was related to his treatment.

In dissent, one judge said the state should be entitled to immunity because the incident wasn't tied to medical malpractice.