Tressler attorney Jerome T. Murphy successfully defended a senior living community on appeal in a wrongful death case involving claims under the Nursing Home Care Act, negligence, and res ipsa loquitur. The issues on appeal were whether the trial court erred in granting summary judgment in favor of the defense, finding that the plaintiff failed to introduce evidence that any negligent act proximately caused the decedent’s injury, and whether the decedent’s injury did not ordinarily occur in the absence of negligence. The plaintiff further contended on appeal that her expert’s disclosure created questions of fact. The appellate court affirmed the finding that the disclosure was not coherent evidence to consider at the summary judgment stage. The court also upheld the trial court’s denial of plaintiff’s motion to reconsider, finding that the plaintiff’s expert testimony, which occurred after briefing on the summary judgment motion but before oral argument, was not new evidence to be considered in a motion to reconsider. The appellate court affirmed summary judgment and the denial of plaintiff’s motion to reconsider. This result preserves a trial court victory and underscores Tressler’s record of success in defending long-term care providers through final judgment.

Congratulations, Jerome!

About Jerome T. Murphy

Jerome T. Murphy is a partner in Tressler’s Litigation Practice Group. Jerome serves his clients in a variety of complex litigated matters involving governmental tort defense, breach of contract, commercial disputes, indemnity and contribution claims, toxic tort litigation, and defense of personal injury, medical malpractice, nursing home, and wrongful death suits. He also represents buyers and sellers in real estate transactions. Jerome has successfully defended various clients in both state and federal courts and has trial and appellate experience.

About Tressler LLP

Tressler LLP is an award-winning law firm with ten offices located in six states – California, Illinois, Missouri, New Jersey, New York, and Pennsylvania. Trusted for more than 39 years, Tressler attorneys provide responsive client service and creative, cost-effective solutions for a wide range of legal matters. Our firm has significant depth and experience in the resolution of disputes through mediation, arbitration, litigation, and trials.

The majority of Tressler attorneys devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, claims management, and reinsurance. In addition, Tressler attorneys represent clients in commercial litigation, defense litigation, corporate transactions, government law, employment law and litigation, intellectual property, and condominium and common interest community association law. Tressler is a Certified Great Place to Work© in the U.S.A.