Thompson v. Southwest Health Systems, Inc. et al

Filing 99

JUDGMENT re 97 : is entered in favor of defendants Southwest Health Systems Inc., d/b/a Southwest Memorial Hospital and William G. Rainer, Jr., M.D., and against plaintiff Carla Thompson. Defendants shall have their costs by the filing of Bill of Costs with the Clerk of this Court within fourteen days of entry of judgment. The Complaint, Amended Complaint and this civil action are dismissed, by Deputy Clerk on 1/10/13. (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-00947-RPM CARLA THOMPSON, Plaintiff, v. SOUTHWEST HEALTH SYSTEMS, INC., d/b/a Southwest Memorial Hospital, and WILLIAM G. RAINER, M.D., Defendants. _____________________________________________________________________________________ JUDGMENT _____________________________________________________________________________________ This matter was tried from January 2, 2013, through January 9, 2013, before an empaneled jury of twelve, Senior District Judge Richard P. Matsch presiding. During the presentation of the plaintiff’s case two jurors were excused for cause and the trial proceeded with ten jurors. After the evidence was closed and hearing the arguments and statements of counsel, the Court denied defendants’ oral motions for judgment as matter of law pursuant to Fed.R.Civ.P. Rule 50. The trial proceeded to conclusion and the jury found that plaintiff Carla Thompson did not prove by a preponderance of the evidence that defendant Southwest Memorial Hospital violated EMTALA in the care of Timothy Thompson. The jury further found that plaintiff Carla Thompson did not prove by a preponderance of the evidence that Dr. Rainer was negligent in his care for Timothy Thompson on June 4, 2009. Accordingly, it is ORDERED that judgment is entered in favor of defendants Southwest Health Systems Inc., d/b/a Southwest Memorial Hospital and William G. Rainer, Jr., M.D., and against plaintiff Carla Thompson. It is FURTHER ORDERED that defendants shall have their costs by the filing of Bill of Costs with the Clerk of this Court within fourteen days of entry of judgment. It is Civil Action No. 11-cv-00947-RPM Page 2 FURTHER ORDERED that the Complaint, Amended Complaint and this civil action are dismissed. DATED at Denver, Colorado, this 10th day of January, 2013. FOR THE COURT: Jeffrey P. Colwell, Clerk By: s/ J. Chris Smith Deputy Clerk

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