GMR Senior Associate Jessica Smeriglio successfully defended a Philadelphia hospital sued for negligence in a jury trial. Plaintiff was a 52-year-old woman who claimed she slipped and fell on liquid in the lobby of one of the hospital buildings. Plaintiff’s counsel argued that the hospital was on notice of the liquid because it was raining that day. He claimed the hospital did not put out mats or place wet floor signs warning of possible slippery conditions. He also argued the hospital did not adequately inspect the area in question. Plaintiff claimed injuries to her right hand and wrist and underwent treatment with an orthopedist, who recommended surgery. She also alleged ongoing limitations in her right hand, which was her dominant hand.
Jessica defended the hospital by arguing the alleged fall could not have happened in the location where Plaintiff claimed it occurred. Plaintiff testified she was going to the pharmacy that day. At trial, a hospital security officer testified there was no pharmacy in the building she claimed she fell, and there were no reports of any falls on the date of the alleged incident. Jessica further argued that security is posted right next to the area in question, and they monitor the area, including floors, all day.
The jury of 11 (one juror was excused) unanimously agreed with Jessica and found the hospital was not negligent.
