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Morabito v. Delaware Sleep Disorder Centers, LLC

Superior Court of Delaware

June 23, 2015

Loretta Morabito
v.
Delaware Sleep Disorder Centers, LLC, Delmarva Sleep Diagnostics, Inc., and Springside, LLC

Submitted: April 17, 2015

Robert C. Collins II, Esquire Benjamin A. Schwartz, Esquire Schwartz & Schwartz PA, Attorney for Plaintiff

Roger D. Landon, Esquire Murphy & Landon, Attorney for Defendants Delaware Sleep Disorder Centers, LLC, Delmarva Sleep Diagnostics, Inc., and Springside, LLC

Dear Counsel:

I. INTRODUCTION

Defendant Springside, LLC has moved the Court to dismiss Plaintiff's Complaint.[1] Defendant contends that the issue is ripe for decision as the questions to be decided by this Court are questions of law. This Court disagrees and finds that the record has not yet been sufficiently developed to make the determinations that Defendant seeks at this juncture. Defendant Springside's Motion to Dismiss is therefore DENIED.

II. FACTUAL AND PROCEDURAL HISTORY[2]

Plaintiff alleges that she slipped and fell in the shower area of a sleep study suite in which she had spent the night as part of testing for sleep apnea. As part of the test, electrodes were applied to Plaintiff's scalp using a sticky substance. The morning following the overnight sleep study, Plaintiff proceeded to take a shower in order to remove the sticky substance from her hair. Plaintiff finished her shower, and once outside the shower, Plaintiff began to slip, attempted to grab a wall to keep from falling, but fell despite her attempts.[3] Plaintiff cites the following as factors contributing to her fall:

a. The shower curtain did not keep water from escaping onto the bathroom floor;
b. The shower knob system was confusing, so rather than turning the water off as planned, she turned the water to a very hot temperature. This forced her to attempt to step out of the shower before getting burned by the water;
c. There was no bath mat or floor mat outside the shower;
d. The floor outside the shower was made of smooth tile;
e. There was standing water outside the shower when Plaintiff ...

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