Breslin, R. v. Mountain View Nursing Home, Inc.

171 A.3d 818
CourtSuperior Court of Pennsylvania
DecidedSeptember 28, 2017
Docket1961 MDA 2016
StatusPublished
Cited by7 cases

This text of 171 A.3d 818 (Breslin, R. v. Mountain View Nursing Home, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Breslin, R. v. Mountain View Nursing Home, Inc., 171 A.3d 818 (Pa. Ct. App. 2017).

Opinion

OPINION BY

MUSMANNO, J.:

Roberta Breslin (“Breslin”), executrix of the Estate of Vincent Breslin (“Vincent”), deceased, appeals from the Order sustaining the Preliminary Objections filed by Mountain View Nursing Home, Inc. (“MVNH”), and dismissing Breslin’s claims, with prejudice. We affirm in part, reverse in part, and remand for further proceedings.

From October 9, 2013, to October 16, 2014, Vincent was a patient at MVNH. 1 During the year in which he was a patient at the facility, Vincent developed multiple Grade III and/or Grade IV pressure ulcers in his ischial areas, sacral area, right foot and left foot. On December 1, 2015, Breslin filed a Complaint against MVNH, asserting claims sounding in corporate negligence and vicarious liability. On February 16, 2016, MVNH filed Preliminary Objections to the Complaint in the nature of a demurrer. On May 20, 2016, the trial court sustained the Preliminary Objections based on lack of specificity, and directed Breslin to file an Amended Complaint. On June 10, 2016, Breslin filed an Amended Complaint. On June 23, -2016, MVNH filed Preliminary Objections in the nature of a demurrer to the Amended Complaint. On October 25, 2016, the trial court sustained the Preliminary Objections, and dismissed the Amended Complaint with prejudice. Breslin filed a timely Notice of Appeal, and a court-ordered Pa.R.A.P. 1925(b) Concise Statement of errors complained of on appeal.

The issues that Breslin raises on appeal for our review can be summarized as follows:

1. Whether the trial court erred when it sustained MVNH’s Preliminary Objection to Breslin’s claim for corporate negligence?
2. Whether the trial court erred when it sustained MVNH’s Preliminary Objection to Breslin’s claim for vicarious liability?
3. Whether the trial court erred when it sustained MVNH’s Preliminary Objection alleging insufficient specificity regarding agency and negligence?
4. Whether the trial court erred when it sustained MVNH’s Preliminary Objection regarding scandalous and impertinent matter in the Amended Complaint?
5. Whether the trial court erred when it sustained MVNH’s Preliminary Objection to Breslin’s claim for punitive damages?

See Brief for Appellant at 2-3 (issues renumbered for ease of disposition).

Our review of a trial court’s sustaining of preliminary objections in the nature of a demurrer is plenary. Such preliminary objections should be sustained only if, assuming the averments of the complaint to be trae, the plaintiff has failed to assert a legally cognizable cause of action. We will reverse a trial court’s decision to sustain preliminary objections only if the trial court has committed an error of law or an abuse of discretion.
All material facts set forth in the complaint as well as all inferences reasonably [deducible] therefrom are admitted as true for [the purpose of this review]. The question presented by the demurrer is whether, on the facts averred, the law says with certainty that no recovery is possible. Where a doubt exists as to whether a demurrer should be sustained, this doubt should be resolved in favor of overruling it.

Regarding a demurrer, this Court has held:

A demurrer is an assertion that a complaint does not set forth a cause of action or a claim on which relief can be granted. A demurrer by a defendant admits all relevant facts sufficiently pleaded in the complaint and all inferences fairly deducible therefrom, but not conclusions of law or unjustified inferences. In ruling on a demurrer, the court may consider only such matters as arise out of the complaint itself; it cannot supply a fact missing in the complaint.
Where the complaint fails to set forth a valid cause of action, a preliminary objection in the nature of a demurrer is properly sustained.

Lerner v. Lerner, 954 A.2d 1229, 1234-35 (Pa. Super. 2008) (internal citations omitted).

In her first issue, Breslin contends that the trial court erred by sustaining MVNH’.s preliminary objection to Breslin’s claim for corporate negligence. Brief for Appellant at 9. Breslin asserts that “the duties alleged by [Breslin] in the Amended Complaint are legally recognizable non-delegable duties applicable to [MVNH].” Id. Breslin claims that the trial court erroneously determined that the allegations of corporate negligence set forth in the Amended Complaint are beyond the non-delegable duties applicable to a corporate entity as set forth in Thompson v. Nason Hosp., 527 Pa. 330, 591 A.2d 703 (1991), and extended to nursing homes in Scampone v. Highland Park Care Ctr., LLC, 618 Pa. 363, 57 A.3d 582, 596 (2012). Brief for Appellant at 10. Breslin argues that the allegations in the Amended Complaint “are built on direct quotes from the Supreme Court’s Opinion in Thompson.” Id. at 9, 10. In support, Breslin cites to the allegations contained in paragraphs 47-50 of the Amended Complaint, wherein she asserts the following:

47.At all relevant times, [MVNH] had a non-delegable duty to Vincent [ ] to use reasonable care in the maintenance of safe and adequate facilities and equipment;
48. At all relevant times, [MVNH] had a non-delegable duty to Vincent [ ] to select and retain competent and qualified medical personnel;
49. At all relevant times, [MVNH] had a non-delegable duty to Vincent [ ] to oversee all persons practicing medicine within its walls;
' 50. At all relevant times, [MVNH] had a non-delegable duty to Vincent [ ] to formulate, adopt and enforce adequate rules and policies to ensure quality patient care.

Id. at 10 (quoting Amended Complaint at ¶¶ 47-50). Breslin also points to the allegations in the Amended Complaint that MVNH had non-delégable duties to Vincent to (1) “ensure his safety and well-being while he was admitted as a patient at [MVNH;] ” (2) “exercise reasonable care and skill in the performance of its duties[;]” (3) “uphold the proper standard of caret;]” and (4) “use that degree of professional skill and care customarily exercised by nursing homes in its professional cotomunity[,]” and contends that these duties constitute further non-delegable duties identified by the Thompson Court. Brief for Appellant at 10-11 (quoting from the Amended Complaint at ¶¶ 43, 45, 46). Finally, Breslin claims that, even if some of the duties alleged in the Amended Complaint are not recognizable non-delegable duties, the trial court erred by dismissing all of the alleged duties. Brief for Appellant at 11.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

DaSilva, A. v. Abington Memorial Hospital
Superior Court of Pennsylvania, 2026
Reish, R. v. Visiting Angels
Superior Court of Pennsylvania, 2023
Biros, C. v. U Lock
2021 Pa. Super. 104 (Superior Court of Pennsylvania, 2021)
Tong-Summerford, A. v. Abington Mem. Hosp.
Superior Court of Pennsylvania, 2018

Cite This Page — Counsel Stack

Bluebook (online)
171 A.3d 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breslin-r-v-mountain-view-nursing-home-inc-pasuperct-2017.