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A Slip and Fall in a Medical Facility is Not Medical Negligence.

May 17th, 2017

In Galeano v. Susquehanna Health Sys., 1182 MDA 2016, 2017 WL 2197007 (Pa. Super. Ct. May 17, 2017), the Superior Court reversed the trial court’s order granting summary judgement to defendants based on Plaintiff’s failure to provide medical expert testimony in a personal injury case arising from a slip and fall at the entrance to Defendant’s medical facility.

The Superior Court explained that, “whether [Defendants] owed a duty to [Plaintiff], a business invitee, and whether [Defendants]  breached that duty causing harm resulting in damages to [Plaintiff], are not questions beyond the realm of common knowledge and experience that a jury is competent to determine.”  Therefore, medical expert testimony was not required.

The trial court’s order was vacated and remanded with respect to the premises liability claims.  Memorandum opinion by Justice Stabile, joined by Justice Lazarus & Justice Dubow.

Ryan McDaniel was the perfect lawyer for us. He was very patient with us with all our questions and more questions. Very professional, honest, straight forward and he worked tireless on our hard case to win, but win he did for us. I will recommend Freeburn Hamilton to anyone!

Sheila M.