Summary Judgment Obtained in a Case Involving a Fungal Infection Allegedly Contracted at a Hotel

We secured summary judgment in Monroe County, Pennsylvania, where the plaintiff filed suit claiming he contracted a fungal infection from staying at the defendant’s hotel. The plaintiff produced an expert microbiologist’s report, in addition to his treating physician’s records, in support of his claims. Summary judgment was sought on the grounds that the plaintiff’s expert was not competent enough to identify a specific fungus from photographs of the hotel room and the treating physician’s records were equivocal as to the cause of the plaintiff’s infection. Judge Arthur Zulick found the plaintiff’s microbiologist’s opinion speculative, as the microbiologist did not conduct an inspection of the hotel, obtain fungal samples or perform any lab testing. The judge further held that the plaintiff’s diagnoses of a fungal infection was not sufficiently supported by his treating doctor’s diagnoses. As a result, Judge Zulick entered judgment in favor of the defendant.