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Date: 02-09-2023
Case Style:
Bruce Kelley and Nancy Kelley v. Franklin County Rehab Center, LLC, et al.
Case Number: 5:21-cv-00278
Judge: Geoffrey W. Crawford
Court: United States District Court for the District of Vermont (Rutland County)
Plaintiff's Attorney:
Defendant's Attorney: Kavch S. Shahi
Description: Rutland, Vermont personal injury lawyer represented Plaintiffs, who sued Defendants on medical malpractice negligence theories claiming to have suffered more than $75,000 in damages and injuries as a direct result of substandard medical care.
device.
This case was filed i nthe Vermont Superior Court, Chittenden Unit, Civil Div, 21-CV-00323, and was removed to federal court by the Defendants.
The claims made and defenses asserted are not available.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Business owners owe a duty of due care in the maintenance and operation of their businesses to minimize the risk of injury or death to business invitees.
Kent Morlan on Torts
Outcome: 02/22/2023 119 RESPONSE in Opposition re 115 MOTION to Stay Pending Appeal re 114 Order Remanding Case by United States of America filed by Northern Tier Center for Health. (Hoggan, Jr., John) (Entered: 02/22/2023)
02/22/2023 120 ORDER: The court thanks the parties for their memoranda on the issue of the stay pending appeal. It is not clear whether Dr. Marco and Richford Health Center are defended by an insurer at this time. The court requests that counsel for these defendants advise whether there is insurance coverage for Dr. Marco and Richford Health Center, including the cost of defense, that is available upon remand. A short memorandum filed not later than Monday, February 27, 2023, will suffice. Signed by Chief Judge Geoffrey W. Crawford on 2/22/2023. (This is a text-only Order.)(jal) (Entered: 02/22/2023)
02/22/2023 121 RESPONSE in Opposition re 115 MOTION to Stay Pending Appeal re 114 Order Remanding Case filed by Kyla Apley, Franklin County Rehab Center, LLC, Franklin County Rehabilitation & Adult Care Center, Franklin County Rehabilitation Center, Kristy Jankowski, Marion Perry. (Attachments: # 1 Certificate of Service)(Shahi, Kaveh) (Entered: 02/22/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: