Wednesday, April 24, 2024

Trial Court Requests Affirmance of its Entry of Summary Judgment in a Nursing Home Slip and Fall Case

In the case of Ford v. Cheltenham Nursing and Rehab. Center, No. 2880 EDA 2023 (C.P. Phila. Co. Dec. 14, 2023 Lane, J.), the trial court asserted in its Rule 1925 Opinion to the Superior Court that its granting of a summary judgment motion in a slip and fall case involving a nursing home should be affirmed.

The court noted that the record before it showed that the Defendant had no prior notice of the alleged roof leak that allegedly caused water to puddle next to the Plaintiff’s bed at the facility.

The record before the court showed that the roof was inspected monthly. Also, the first indication in the Defendant’s records of any leak was the entry made just after the Plaintiff was discovered on the floor beside her bed.

Given that the Plaintiff had failed to prove actual or constructive notice of any defect, the court stated the Plaintiff had failed to demonstrate that the nursing facility had breached its duty of care.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Feb. 1, 2024).

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