Gordon Rees Scully Mansukhani Partner Amanda A. King and Associate Ashley A. Varghese obtained summary judgment on all claims against the firm’s client, a nursing home facility, in a New Jersey state court action.
The plaintiff, a business invitee, brought claims against the client for negligence and violations of the ADA following a trip-and-fall at the client’s facility. The plaintiff alleged that he tripped over an alleged “slope” that existed in the doorway threshold, an area he testified that he traversed many times prior to his fall. The plaintiff failed to provide the requisite expert report before the discovery end date, and he failed to present any credible evidence, including his deposition testimony, to withstand summary judgment.
GRSM moved for summary judgment and argued that, without the requisite expert report to support his claims, the plaintiff has no evidence that a reasonable jury would be able to find that the facility breached its duty. While the plaintiff attempted to present an expert report in his opposing papers, the report was served more than two months after the discovery deadline had expired. During oral argument, the court inquired whether the plaintiff had any evidence that the facility had actual or constructive notice of the alleged defect, an essential element of the claim regarding the duty owed to business invitees. The plaintiff was unable to present any credible evidence.
The court found that while the facility owed the plaintiff a duty of care to inspect, maintain, and repair the premises, the record was “scant” as to the requirement of actual or constructive knowledge of any alleged defect. This result underscores the strength of GRSM’s Healthcare practice in navigating complex matters for healthcare organizations and its unwavering commitment to delivering exceptional results for clients.