Sisco-Law Obtains Rare Directed Verdict in Nursing Home Arbitration
On December 3, 2021 Sisco-Law attorneys, Dale Sisco and Peter Luccarelli, III, sought a directed verdict on the issue of causation at the close of Plaintiff's case in a nursing home wrongful death action. The deceased resident's estate claimed the resident died as a result of pulmonary complications following a fall and rib fracture resulting in a pneumothorax. Plaintiff's nurse expert declined to testify within a reasonable degree of medical certainty that resident's fall was the result of negligence by the nursing home staff. Plaintiff called a pulmonology expert who linked the cause of death to the fall, but he also could not testify that the fall was the result of negligence by the facility staff.
Following both oral and written argument on the sufficiency of the evidence of causation, the arbitrator, a former judge, granted the defense motion for summary disposition. A motion to tax costs is currently pending.