Tuesday, November 22, 2016

Issues of Corporate Negligence Addressed in Lackawanna County Nursing Home Case

In its recent decision in the case of Breslin v. Geisinger Mountain View Care Center, No. 2015-CV-5015 (C.P. Lacka. Co. Oct. 21, 2016 Braxton, S.J.), Senior Judge John Braxton, sitting for the Lackawanna County Court of Common Pleas, sustained several Preliminary Objections asserted by a nursing home care facility in a medical malpractice action.  

Of note, the court found that the Plaintiff’s allegations in the Complaint failed to state a corporate negligence claim against the nursing home facility.  

The court additionally found that the Plaintiff failed to plead allegations sufficient to proceed on a claim for vicarious liability.  In part, the defense argued that the Plaintiff failed to identify the nurses, doctors, and other medical, professional staff, who allegedly treated the Plaintiff’s decedent in a negligent manner.  

The court also found that Plaintiff failed to state a claim for punitive damages under facts alleged in the Complaint and, as such, the claim for punitive damages, along with all allegations of recklessness, were stricken.  

Anyone wishing to read this decision, may click this LINK.

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