Summary Judgment Victory Ends Negligence and Medical Malpractice Action Just Two Days Before Jury Selection
Wood Smith Henning & Berman (WSHB) secured a complete dismissal for a hospital client in a significant negligence and medical malpractice action in Philadelphia, prevailing on summary judgment just two days before jury selection was scheduled to begin.
WSHB Partners Christopher Brown and Maureen McCotter, together with Associate Maddie Goldman, were fully prepared to try the case when the court granted the defense motion for summary judgment drafted by McCotter and Goldman, bringing the litigation to an abrupt conclusion on the eve of trial.
The case arose from an encounter between the plaintiff, a police officer, and a psychiatric patient who had been receiving care at the defendant hospital. The patient, who had schizophrenia and was allegedly not taking prescribed medication, left the hospital without being formally discharged. The plaintiff subsequently encountered the patient off hospital grounds and alleged that the encounter resulted in serious and permanent bodily injuries.
At the center of the plaintiff’s case was the contention that the hospital should have involuntarily committed the patient and that its failure to do so constituted negligence and medical malpractice. The defense challenged that theory as a matter of law and moved for summary judgment.
With the case otherwise headed for a Philadelphia jury, the court agreed with the defense and granted the motion in full, dismissing the action. The timing of the ruling made the result particularly consequential. The WSHB trial team had completed its trial preparation and was just 48 hours from jury selection when the court issued its decision.
“This was a case where we prepared from the outset with the expectation that we would try it,” said Brown. “When you are defending a significant exposure in a difficult venue, there is no substitute for being prepared to take the case all the way through verdict. At the same time, you have to remain relentless in identifying every opportunity to win before the jury is ever sworn.”
McCotter and Goldman developed the summary judgment briefing while the broader team simultaneously prepared the matter for trial, positioning the client to prevail through either path.
"This result reflects the value of pursuing every available avenue for our client through the final stages of litigation," said McCotter. "While our team was fully prepared to present the case to a Philadelphia jury, we remained confident that the plaintiff's theory could not survive. We are pleased the court agreed."
The result is particularly notable given the venue. Philadelphia has long been regarded as one of the country’s most challenging jurisdictions for defendants and was ranked the nation’s No. 1 “Judicial Hellhole” for 2025–2026 by the American Tort Reform Foundation. Against that backdrop, obtaining complete dismissal immediately before trial represents a significant result for the hospital and its defense team.
The plaintiff has ten days from the ruling to pursue an appeal.
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