Motion for Summary Judgment

Topics: Duty of care, Plaintiff, Civil procedure Pages: 9 (2504 words) Published: December 23, 2014
MOT, NOT, BRIEF
Corey Lightner, Attorney at Law
Bar No. 85-455
Miami, Florida 33176
305-456-7890

ATTORNEY FOR PLAINTIFF

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
INANDFOR ­­­MIAMI-DADE COUNTY, FLORIDA

WILMA MAPLES,

Plaintiff,CIVIL DIVISION
vs. CASE: 13-2014-159753
DEPT. NO: XVII
DOCKET NO:
WE CARE FOR YOU HOSPITAL AND
REHABILITATION CENTER,
1-5 DOES,
1-5 ROES, MOTION FOR SUMMARY JUDGMENT, NOTICE, AND BRIEF

Defendants.
___________________________/

MOTION FOR SUMMARY JUDGMENT

COME NOW, PLAINTIFF, by and through her attorney of record, Corey Lightner, Esq.. of YOUNG’S LAW FIRM, and hereby files their Motion for Summary Judgment. The rule governing this matter is Rule 1.510(c) of the Florida Rules of Civil Procedure. This motion is made and based upon the Points and Authorities attached herein, the papers and any oral argument that may be entertained at the time of the hearing on this matter. // // //

Dated this 7th day of November, 2014.

By ________________________
Corey Lightner, Esq.
Bar No. 85-455
123 Main Street
Miami, Florida 33176
305-456-7890
ATTORNEY FOR PLAINTIFF

NOTICE OF MOTION

TO:WE CARE FOR YOU HOSPITAL AND REHABILITATION CENTER, Defendant; and

TO:JAMES JOHNSON, its counsel.

YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the undersigned will bring the foregoing Motion for Summary Judgment on for hearing before the above-titled Court in Dept. 2, on the 5th day of December, 2014, at the hour of 10:00 a.m. or soon thereafter as counsel can be heard. Dated this 7th day of October, 2014.

___________________________
Corey Lightner, Esq.
ATTORNEY FOR PLAINTIFF

TRIAL BRIEF
FACTS OF THE CASE
On or about February 4, 2014, Plaintiff, Wilma Maples, a 65 year old woman, was admitted to the defendant-hospital, We Care for You Hospital and Rehabilitation Center, to undergo a total knee replacement on her left leg due to her suffering from osteoarthritis. The surgery was recommended and conducted under the direction and care of Orthopedic Surgeon, Dr. Melody Sumpter, M.D.

During Plaintiff’s stay at We Care for You Hospital and Rehabilitation Center, Defendants were aware and on notice that Plaintiff wore glasses for everyday use. Ms. Maples has worn prescription glasses for the past 30 years. See Defendant’s Response to Plaintiff’s Request for Admissions No. 2. Upon successful surgery and subsequent transfer to the rehabilitation center of the defendant-hospital, Plaintiff was prescribed seven-day inpatient therapy followed by three weeks outpatient rehabilitation. See Defendant’s Response to Plaintiff’s Request for Admissions No. 7. Medical documents and notes show Plaintiff was prescribed restricted movement and limited activities following surgery. It is also documented the Plaintiff needed assistance with seemingly simple tasks such as getting in and out of bed and into and out of her wheelchair. See Defendants’ Response to Plaintiff’s Admissions No. 8 and No. 9. See Exhibit No. 2, Plaintiff’s Medical Chart/Notes dated February 5, 2014.

On February 11, 2014 at approximately 8:00am, Plaintiff used the nurse call button located on the wall just behind Plaintiff’s bed to summon hospital staff. Upon an attendant arriving at approximately 8:07am, Plaintiff notified the attendant of her wishes to take her morning shower. Attendant gathered Plaintiff’s toiletries and bathroom essentials in preparation of Plaintiff’s shower. At approximately 8:15am, Plaintiff, with the aid of the attendant, got into the wheelchair and was then taken to the bathroom. Attendant remained behind Plaintiff holding on to the handles of the wheelchair while Plaintiff removed her glasses and got into the shower using the safety bars inside of the shower. See Defendant’s Response to Plaintiff’s Request for Admissions No. 14. As had been the case during Plaintiff’s stay, the wheelchair had...
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