Temple v. Providence Care Center (majority)Annotate this Case
In 2008, Elma Betty Temple (“Elma”), who suffered from Alzheimer’s disease, became a resident of Providence Care Center, a nursing home located in Beaver Falls, Pennsylvania. Providence Care Center, LLC (“Providence”) owned and operated the facility, while Grane Healthcare Company (“Grane”) provided management services. In November 2011, Elma, then aged 81, fell while walking on a ramp. She suffered a fracture in her right humerus, a fracture in her right pelvis, and a laceration to her right elbow. Providence apparently was not supervising Elma at the time; the only witness to the incident, a hospice chaplain, was not a designated caregiver. In 2012, Emla's son, James Temple (“Temple”), filed a complaint on Elma’s behalf against Providence and Grane, alleging negligence and corporate negligence, and sought punitive damages. Temple alleged that Providence should have known that Elma required supervision, because of two previous falls in 2011. Temple further claimed that the facility was understaffed, and that Providence failed to provide needed safety measures. In this case, a panel of the superior court concluded that, even though Providence had waived its opportunity to ask for a mistrial, the trial court nonetheless possessed and invoked its inherent authority to grant a new trial sua sponte for the same reasons that Providence raised in its post-trial motions. In so ruling, the superior court affirmed the trial court’s grant of a new trial. The Pennsylvania Supreme Court recognized that a trial court possesses "the very limited and restrained authority to halt proceedings and compel them to begin anew based upon that unpreserved error. But in such a circumstance, a trial court may only use its sua sponte authority to grant a new trial where 'exceedingly clear error' results in 'manifest injustice,' of a constitutional or structural nature." Because Providence did not preserve its request for a mistrial and because the trial court did not grant, and could not have granted, a new trial sua sponte based upon the unpreserved request for a mistrial, the Supreme Court reversed the superior court’s order and remanded for further proceedings.