Hahnemann Hospital says visitor injured in waiting room should look to blame housekeeping company instead

By Nicholas Malfitano | Nov 13, 2018


PHILADELPHIA – A plaintiff injured in a Hahnemann Hospital waiting room claims to have suffered severe bodily injuries in the process, while the hospital alleges the negligence may have been contributed to by the plaintiff or by its own housekeeping service.

Suada Ismakovic of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Aug. 10 versus Tenet Health, Tenet HealthSystem Hahnemann, LLC and Tenet Healthcare Corporation (doing business as “Hahnemann University Hospital) and Hahnemann University Hospital, all also of Philadelphia.

“On Aug. 11, 2016, plaintiff Suada Ismakovic, was a business invitee lawfully on the premises when she suffered serious injuries as a result of an incident in which she was caused to slip and fall in a waiting room located on the premises, due to a a wet and slippery substance which had been spilled and/or which had accumulated and remained on the floor,” the suit states.

Ismakovic argues the defendants failed to properly and/or adequately clean, inspect or remedy the dangerous and hazardous condition, and failing to prevent said condition from occurring.

Ismakovic suffered “painful and severe injuries which include, but are not limited to, planta fascial fibromatosis, lesion of sciatic nerve, tarsal tunnel syndrome of right leg, left hip strain/sprain, strains and sprains left shoulder with interstitial tera distal supraspinatus muscle tendon, left shoulder tendonitis, strains and sprains bilateral knees, tear of the posterior horn of the medial meniscus and tear of the anterior horn of the lateral meniscus of the right knee, contusion of the right wrist and right gluteus, and sciatica.”

In an answer to the complaint filed Sept. 20, Hahnemann Hospital says the negligence instead may have been on the part of Sodexo Operations, LLC and Sodexo Management, Inc., who performed housekeeping services at the hospital, the complaint fails to state a claim upon which relief could be granted and Ismakovic’s claims are barred by a number of statutory doctrines, including Pennsylvania’s Comparative Negligence Act and Fair Share Act.

On Sept. 25, Ismakovic’s counsel filed a response to the new matter, categorically denying it in its entirety.

For a lone count of negligence, the plaintiff is seeking damages in excess of $50,000, plus interest, costs and any other relief which the Court may deem just and fair.

The plaintiff is represented by Jay L. Solnick of Solnick & Associates, in Jenkintown.

The defendants are represented by Mark A. DiAntonio of McCann Law, also in Philadelphia.

Philadelphia County Court of Common Pleas case 180800822

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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