GLRR OBTAINS SUMMARY JUDGMENT FOR ASSISTED LIVING FACILITY

In an action for negligence and medical malpractice, it was alleged that Gallardo Levin Reiter & Rogers‘ client, an assisted living facility, and the co-defendant physician were negligent in caring for a resident who sustained multiple falls, one of which resulted in a hip fracture which required surgical repair. Gallardo Levin Reiter & Rogers moved for summary judgment on the grounds that the admission agreement between the facility and the resident limited the facility’s responsibilities, and that the testimony of the parties, as elicited by Gallardo Levin Reiter & Rogers during the course of discovery, established that the facility was not negligent. The Court accepted Gallardo Levin Reiter & Rogers‘ arguments, and dismissed both the plaintiff’s complaint and co-defendants’ cross-claims against Gallardo Levin Reiter & Rogers‘ client. The case was handled by Gallardo Levin Reiter & Rogers of Counsel Richard M. Fedrow.