Harrier v. Oakwood Skilled Nursing Center-Trenton & Balmoral, Inc., 2007 Mich. App. LEXIS 903 (Mich. Ct. App. 2007)

Resident fell at an assisted living facility; the fall caused a wrist fracture and broken ribs. She was transferred to a nursing home where she needed assistance for almost all personal care needs including using the toilet. Shortly after admission to the nursing home she was left unattended on the toilet even though a nurses aide was instructed to assist her. She fell and broke her hip. The complaint alleged that defendants knew of fall hazards but did not properly respond to them. The trial court granted summary judgment due to the absence of expert testimony. On appeal, the court reversed finding that no expert testimony was needed to show that Defendants failed to respond appropriately to the knowledge that resident was prone to fall and that it was negligent to abandon her in the face of a known danger. Decided: March 27, 2007