Angelo v. Healthcare

The sole issue presented in this appeal is whether, as a matter of law, a single fall in a nursing home can constitute a violation under chapter 400, Florida Statutes. We answer in the affirmative and reverse and remand the final summary judgment entered in this case in favor of appellee, Healthcare and Retirement Corporation of America.

Appellant, John St. Angelo, suffered a fall while he was a resident in appellee’s rehabilitation facility following brain surgery on a tumor. As a result of the fall, he broke his hip and had to undergo two replacement surgeries.

Appellant filed suit against…