Foncannon v. Lake Cumberland Regional Hospital, LLC.

Filing 67

MEMORANDUM OPINION & ORDER: 1. Lake Cumberlands motion for summary judgment [Record No. 59 ] is GRANTED. 2. Lake Cumberland's cross-claim against Southeastern Emergency Physicians, LLC, is DISMISSED. 3. Lake Cumberland's third-party c laims against Erika Todd, P.A., and SeanRogers, M.D., are DISMISSED. Motions terminated: 59 MOTION for Summary Judgment by Lake Cumberland Regional Hospital, LLC. filed by Lake Cumberland Regional Hospital, LLC. Signed by Judge Danny C. Reeves on 1/13/2017.(RBB)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
(at London)
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STACY A. FONCANNON,
Plaintiff,
V.
LAKE CUMBERLAND
REGIONAL HOSPITAL, LLC, et al.,
Defendants.
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Civil Action No. 6: 16-039-DCR

MEMORANDUM ORDER

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This matter is pending for consideration of Defendant Lake Cumberland Regional
Hospital, LLC’s (“Lake Cumberland”) motion for summary judgment. [Record No. 59] For
the reasons that follow, Lake Cumberland’s motion will be granted.
On February 11, 2016, Plaintiff Stacy Foncannon (“Foncannon”) filed suit in Pulaski
County, Kentucky Circuit Court, alleging that Lake Cumberland’s agents or employees
negligently provided medical care to Foncannon at Lake Cumberland’s Emergency
Department on February 17, 2015. [Record No. 1–1] Following removal of the case to this
Court based on diversity jurisdiction, the plaintiff was granted leave to amend her Complaint.
On June 8, 2016, she filed an Amended Complaint, naming Southeast Emergency Physicians,
LLC (“SEP”) as an additional defendant.

[Record No. 21]

On June 23, 2016, Lake

Cumberland filed its Answer to the Amended Complaint, which included a protective crossclaim against SEP for indemnity. [Record No. 24] On July 21, 2016, Lake Cumberland also
filed a protective third-party claim for indemnity against healthcare providers believed to be
affiliated with SEP. [Record No. 36] Specifically, Lake Cumberland named Erika Todd, P.A.,
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and Sean Rogers, M.D., who were believed to have cared for Foncannon in the Emergency
Department on February 17, 2015.
The plaintiff has filed a response to Lake Cumberland’s motion for summary judgment,
indicating that she has no objection to the motion “on the basis that [Lake Cumberland] cannot
be held liable under a theory of ostensible agency in light of the consent forms that the plaintiff
had the opportunity to review. [Record No. 60, p.1] Accordingly, Lake Cumberland’s motion
for summary judgment will be granted. Lake Cumberland’s indemnity claims against SEP,
Erika Todd, P.A., and Sean Rogers, M.D., will be dismissed, as they are rendered moot by
summary judgment in favor of Lake Cumberland.
Based on the foregoing, it is hereby
ORDERED as follows:
1.

Lake Cumberland’s motion for summary judgment [Record No. 59] is

GRANTED.
2.

Lake Cumberland’s cross-claim against Southeastern Emergency Physicians,

LLC, is DISMISSED.
3.

Lake Cumberland’s third-party claims against Erika Todd, P.A., and Sean

Rogers, M.D., are DISMISSED.
This 13th day of January, 2017.

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