Facts

Howard Pangborn was on his way to the restroom at the Hollywood North Dialysis during his normal dialysis session when he tripped and fell, striking his head and fracturing his wrist.

Pangborn sued Hollywood North Dialysis and DaVita Dialysis Center for premises liability.

PLAINTIFF'S CONTENTIONS:
Pangborn claimed that he felt light-headed and needed assistance on his way to the restroom, but that he was not assisted by the nurse or technicians.

DEFENDANTS' CONTENTIONS:
The defense argued that the incident should have been pled as a medical malpractice claim as it occurred during dialysis. The defense moved for non-suit.

Injuries

Pangboard fractured his right wrist and struck his head. He was subsequently hospitalized for approximately two months and underwent two craniotomies. He rehabilitated at an assisted living home for more than a month.

Result

The court granted defendants' motion for nonsuit and dismissed the case finding no evidence of negligence.