The Superior Court of New Jersey Appellate Division upheld a $450,000 judgment against a New Jersey nursing home in its July 28, 2026 Per Curiam decision. The plaintiff alleged that a nurse employed by Defendant Meadowview Nursing and Rehabilitation Center (“Meadowview”), a nursing home owned and operated by Defendant Atlantic County, called emergency medical services because resident Margaret Santo’s temperature was low, she was cool to the touch, and she was excessively lethargic. When the emergency medical technicians (EMTs or EMS) arrived, one EMT remarked the room was cold.
Margaret was subsequently transported to the hospital where the same EMT informed hospital personnel that the room was an “icebox.” At trial, the parties strenuously disputed whether the room was cold with both fact and expert witness testimony. Although other violations of the New Jersey Nursing Home Residents’ Rights Act (NHA or Act), N.J.S.A. 30:13-1 to -19 were argued, including a failure to notify a physician after withholding one of Margaret’s medications for three days, the nurses’ reliance on uncalibrated personal thermometers, and a failure to promptly intervene upon discovering Margaret’s condition, the primary claim stemmed from the cold room.
The defendants appealed and argued that there was insufficient evidence the room was cold, insufficient evidence defendants allowed the room to become cold, and insufficient evidence the standard of care was breached. The defendants also argued the judge erroneously admitted the EMT’s testimony under N.J.R.E. 701 and both the verdict and the $450,000 damage award were against the weight of the evidence.
The New Jersey appellate court held: “we are satisfied plaintiff presented sufficient evidence to support the jury verdict on the primary theory of liability, namely, that defendants improperly allowed Margaret’s room to become cold enough that she developed hypothermia and declined shortly thereafter. Plaintiff provided evidence of a standard of care associated with the right enumerated in N.J.S.A. 30:13-5(j), a breach, an injury, and a causal relationship between the injury and the breach … Critically, Starer’s and Tache’s testimony established Meadowview was responsible for preventing the room from becoming cold enough to adversely impact a resident’s health. In responding to the emergency call, Damore described Margaret’s room as an “icebox” and considered the room’s temperature significant enough to Margaret’s treatment to inform Shore Medical upon transfer. Contrary to defendants’ contention, Starer’s and Tache’s expert opinions were not dependent on them knowing whether the temperature in Margaret’s room was below sixty degrees, as both acknowledged their opinions were not based on knowing the exact room temperature. Additionally, Starer testified Margaret must have been exposed to cold to develop hypothermia, which resulted in her decline … no expert testified how cold a room needed to be to cause hypothermia.”
Furthermore, “The judge properly applied N.J.R.E. 701’s precepts and correctly concluded Damore’s lay opinion was based on his perception, acquired through his personal senses, and his testimony would assist the jury in resolving a disputed issue, namely, the temperature of Margaret’s room.”
Source Santo v. Meadowview Nursing and Rehabilitation Center, Docket No. A-3009-23.
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