NAPLES – A man seeks damages after he alleges he was treated in a negligent fashion at healthcare facility in Naples while he was receiving treatment, but his case won't be heard in his home state of Maryland.
Derrick Lewis filed the lawsuit against The Willough at Naples, a healthcare facility, alleging he was treated negligently through a number of incidents that occurred, he claimed, due to the negligence of the defendant in the management of the property.
The Willough at Naples is headquartered in Tampa and also has other facilities owned and operated by defendant Oglethorpe in Florida, Louisiana and Ohio.
Lewis was admitted as a psychiatric and rehabilitation inpatient at the Willough beginning in September 2015 when the incidents allegedly began.
On Sept. 8, 2015, the plaintiff claims in court documents he injured his knee when the defendant's door malfunctioned, resulting in "severe bodily injuries, pain, and emotional distress.” Additionally, Lewis claims to have been injured on Oct. 31, 2015 when he says in court documents he slipped and fell in the bathroom at the Willough. Lewis alleges that the defendant was negligent through failing to place a handicap accessible single room following the first injury.
The U.S. District Court for the District of Maryland analyzed the plaintiff's allegations as the defendant does not own properties in Maryland, despite the plaintiff's claims that the court has specific and personal jurisdiction over the defendants.
The plaintiff's arguments did not persuade the Maryland court it had jurisdiction over the matter and transferred it to the U.S. District Court for the Middle District of Florida.