A three-judge panel upheld the jury's decision that Genesis Elder Care Network Services in Salisbury was negligent in the October 1996 death of Doris Hendrickson, 69.

But the panel ordered a new trial to determine how much money, if any, should be awarded to Hendrickson's estate. The judges also reversed monetary damages to her widower and daughters.

Superior Court Judge Larry Ford erred by instructing jurors that it could award damages for Hendrickson's lost net income, the appeals court ruled. The unanimous ruling said no evidence was offered showing that she was capable of earning money beyond what was needed for her support.

Although the family's attorneys presented evidence of infliction of emotional distress, they "failed to present evidence, even viewed in the light most favorable to them, that such distress was severe," Judge John Martin wrote in the opinion.

The family members weren't present to observe the negligent conduct and didn't observe her being injured, Martin wrote.

The appeals court found "no error with respect to the jury's verdict finding that Doris Hendrickson's death was caused by the negligence of that defendant. "

Genesis Elder Care Network Services and its related Genesis Elder Care Rehabilitation Service appealed the negligence ruling and the award. The appeals court reversed the judgment against the rehabilitation service but upheld the negligence ruling against the network services.