Burns White attorneys Daniel Martz and Carol Cowhey won summary judgment for a Pennsylvania Hospital which was sued in a hybrid claim involving allegations of professional liability and premises liability by a former patient who suffered a post-operative fall in the hospital.
The motion for Summary Judgment was filed after discovery was completed, and in opposing it, plaintiff relied solely on alleged “admissions” made in the deposition of the treating neurosurgeon as proof of their claims. During oral argument, Ms. Cowhey argued that Plaintiff had insufficient evidence on any claim since the plaintiff admitted that his fall was caused when his knee gave out rather than from a defective condition on the premises, and since the alleged professional negligence emanated from the alleged failures of the hospital nursing staff to have proper fall precautions in place, Plaintiff required an expert opinion under Pennsylvania law. The court agreed, and dismissed plaintiffs’ claims with prejudice.