DELTA SCHOOL OF COMMERCE, INC. V. WOOD
766 S.W.2d 424 (1989)
NATURE OF THE CASE: Delta (D) appealed a jury verdict that found against Ds in P's suit
that they fraudulently induced her to enter a course in nursing.
FACTS: P read a newspaper article concerning a course of study at D leading to a diploma
as a nursing assistant. P then talked with McCray (D), president of Delta, concerning the
program. P asked if a nursing assistant was the same thing as a nurse's aide. McCray (D)
replied that it was not. He also told her that 'they are phasing out the LPNs' and that 'she
would not get rich as a nursing assistant but that the pay would be comparable to that of an
LPN.' P enrolled at D the next day. P got a student loan for $3,064.00. After completing
seven months of the eight or nine-month program, she dropped out because she discovered she
was studying to be a nurse's aide. P further testified that the training for nursing
assistants and LPNs is quite different: Nursing assistants learn to make beds, empty bed
pans, and take vital signs; LPNs learn to assist in surgery and give medication and
injections. P sued Ds. D tried to get nursing magazine and journal articles concerning a
debate in the nursing profession on phasing out the existing levels of entry into nursing
practice (Registered Nurse, Licensed Practical Nurse, and nurse's aide) and replacing them
with two levels of entry into practice: professional nurse, which would contain persons
entitled Registered Nurse, and technical nurse, which would contain persons entitled
associate nurse or registered associate nurse. They were denied and P got the verdict and Ds
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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