Additionally, Plaintiff appears to contend that Bethel Ridge was negligent to leave Mr. Tolley unattended outside for a very brief moment while a nurse went inside—at Mr. Tolley’s request—to retrieve his lighter so that he may smoke. It is unrealistic, however, to contend that Bethel Ridge had a duty to continuously and specifically monitor every one of Mr. Tolley’s actions. In determining, the extent of Bethel Ridge’s duty, generally applicable hornbook law would suggest that a Court would weigh the probability of potential harm and the gravity of the potential harm against the burdens that would be required to reduce the harm. See Palsgraf v. Long Island R. Co., 162 N.E. 99, 100-01 (N.Y. 1928) (J. Cardozo). In this case, it is unlikely that a court would find that Bethel Ridge had a duty to have Mr. Tolley continuously and individually monitored such that Bethel Ridge staff could not leave him for a moment to complete an errand at his request.
At Bethel Ridge, Mr. Tolley would routinely sit outside in his wheelchair and smoke without incident. On this particular day, when Mr. Tolley was taken outside to smoke cigarettes. As …show more content…
More importantly, however, the alleged injuries sustained as a result of Mr. Tolley’s fall are greatly exaggerated, and in no way have a causal connection to his death.
Mr. Tolley’s medical records show that he died of a pulmonary embolism three months after the date of his fall at Bethel Ridge. Following his fall, medical records show that Mr. Tolley rolled approximately fifty feet (our witnesses are prepared to testify that he rolled ten feet—and a witness with personal knowledge is more credible than a post hoc medical record on this issue) and experienced neck and buttock pain as well as some tearing of his skin—including scalp lacerations. Moreover, the medical records indicated that there were compression fractures at vertebra
At Bethel Ridge, Mr. Tolley would routinely sit outside in his wheelchair and smoke without incident. On this particular day, when Mr. Tolley was taken outside to smoke cigarettes. As …show more content…
More importantly, however, the alleged injuries sustained as a result of Mr. Tolley’s fall are greatly exaggerated, and in no way have a causal connection to his death.
Mr. Tolley’s medical records show that he died of a pulmonary embolism three months after the date of his fall at Bethel Ridge. Following his fall, medical records show that Mr. Tolley rolled approximately fifty feet (our witnesses are prepared to testify that he rolled ten feet—and a witness with personal knowledge is more credible than a post hoc medical record on this issue) and experienced neck and buttock pain as well as some tearing of his skin—including scalp lacerations. Moreover, the medical records indicated that there were compression fractures at vertebra