Attorneys obtained partial summary judgment in a nursing home malpractice action where plaintiff alleged that a Certified Nursing Assistant (C
Attorneys obtained partial summary judgment in a nursing home malpractice action where plaintiff alleged that a Certified Nursing Assistant (C.N.A) negligently transferred her from the wheelchair to the bed which resulted in a fall. Plaintiff asserted claims under the Nursing Home Act, N.J.S.A. 30:13-1 et. seq., for violations of the resident's bill or rights. The Nursing Home Act permits a plaintiff to seek punitive damages, attorney's fees and costs of suit only if successful in proving a violation of the Act. If plaintiff is not successful in establishing that Act the was violated, then she may only seek customary compensatory damages. The focus of plaintiff's claim under the Nursing Home Statute was that defendant nursing home and CNA violated plaintiff's right to a safe and decent living environment. In support of our motion for partial summary judgment, we argued that the Act was not intended to apply to all acts of ordinary negligence in a facility, but rather to indecent and unsafe living conditions. The appellate court greed with the defense nd dismissed plaintiff's claims under the Nursing Home Act, substantially reducing the value of plaintiff's claim.