Plaintiff, a 68 year old man claimed that, upon discharge from defendant hospital following a surgical procedure, the individual transporting him via wheelchair lost control and caused him to fall backward hitting his head. Radiological studies performed immediately thereafter were negative for injury and plaintiff was noted to only have a small abrasion on his left elbow. Extensive law and motion were undertaken as the matter was not timely filed on the claim of Professional Negligence which was the only viable claim. After the Third Amended Complaint was filed and minimal discovery was completed, a Motion for Summary Judgement was filed. Despite the Court ruling on two prior demurrers wherein the General Negligence cause of action was eliminated and the Court orally agreed with the defense argument that the claim of Professional Negligence was barred by the Statute of Limitations, the Court denied the Motion for Summary Judgement. Plaintiff claimed periodic incompetency and, although unsupported by any evidence, the Court deemed there was a triable issue of fact. Client opted for settlement rather than a bifurcated trial inasmuch as litigation had been ongoing since pre-pandemic and the trial date was uncertain as Courts were still primarily closed.
November 2021