Austin C. Monroe obtained dismissal with prejudice in favor of his nursing home client in hip fracture case
Austin C. Monroe presented and successfully argued a motion to dismiss on behalf of our nursing home client on November 2, 2018 and December 21, 2018. The plaintiff was a resident at the defendant nursing home for rehabilitation of a fractured hip. The plaintiff alleged that he was transported to an outside care facility by the defendant nursing home, and refused to return while under the nursing home’s custodial care. The plaintiff traveled on his own to another location where he fell and again fractured his hip. The court granted a dismissal with prejudice based upon Mr. Monroe’s argument that the statute of limitations had expired prior to the defendant nursing home being named in the case, thus barring a cause of action against the home.