Lead trial counsel for defendant-Hospital in medical malpractice and premises liability action brought by a therapy patient who was recovering from surgery to remove a malignant tumor from her hip. The patient fell at the hospital’s outpatient rehabilitation clinic and sustained a displaced comminuted fracture of the femur. Plaintiff alleged that her therapists were negligent in permitting her to walk unassisted on the therapy track, and that she tripped on a rubber weather mat located on the floor near the track that rendered the premises unreasonably dangerous for her. The Hospital argued that the patient was walking on the track alone contrary to the instructions of her therapists, and that she did not trip on the mat but had her debilitated hip give out while she was inappropriately walking on the track without assistance. After three days of testimony, the jury returned a verdict for the defendant-Hospital.
Verdict for the defendant hospital.