Finding that a 2002 ruling by the U.S. Court of Appeals for the Second Circuit was not dispositive, a federal judge in Utica has allowed a nursing home resident to use a 1987 law to assert a damages claim for injuries he sustained while showering.
Northern District Judge David N. Hurd’s ruling in Pantalone v. County of Fulton, 10-cv-913, permits Daniel J. Pantalone, 89, to proceed with his lawsuit against a county-run nursing home. Mr. Pantalone claims he broke his leg when he fell from a shower chair because the seat belt was not properly secured.
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