Wilson v. Spring Hill Manor Convalescent Hosptial
Plaintiff appeals from entry of summary judgment in favor of defendant Spring Hill Manor Convalescent Hospital. Plaintiff sued Spring Hill for professional negligence in connection with the death of his mother, Jessie Wilson. Spring Hills motion for summary judgment contended Plaintiff could not establish an element of his cause of action -- breach of the applicable standard of care.
In support of its motion, Spring Hill submitted the declaration of an expert whose opinion was that Spring Hill did not breach its duty of care in providing convalescent services to Jessie. William did not provide an expert declaration in opposition. Given this fact, Court agree with the trial court that Plaintiff cannot establish a claim for professional negligence as a matter of law.
In his opposition to the motion, Plaintiff raised a claim of negligence per se based on alleged statutory violations by Spring Hill. Since Plaintiff failed to include this claim in his pleadings, Court may not consider it at this time. Accordingly, Court affirm the judgment.
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