On January 28, 2010, a jury found in favor of plaintiff on his negligence claim against Cheltenham, but awarded him damages of only $112,500 to reflect the jury’s finding that the resident was 25 percent contributorily negligent (as he did not use his call bell to request assistance when he tried to transfer himself, lost his balance and fell, causing a fractured hip and lost ability to ambulate). The plaintiff’s lowest settlement demand was much greater than the verdict and Cheltenham (and their insurer) were very satisfied with this result.
Dissatisfied with the damages award and multiple of decisions made by the trial court, the plaintiff appealed to the Superior Court of Pennsylvania. After much deliberation, the appeal from the Judgment was affirmed, finding no error by the trial court.
The trial team for Cheltenham Nursing and Rehabilitation Center was David Gordon and Eric Heicklen. The appellate team was Thomas Manning and John Powell.