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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