Bates v. Delmar Gardens North, Inc et al

Filing 115

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiffs Motion to Preclude Argument of Several Liability is DENIED. ECF No. 107 .. Signed by District Judge Audrey G. Fleissig on 11/21/2017. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

BETSY BATES,
Plaintiff,
vs.
DELMAR GARDENS NORTH,
INC., et al.,
Defendants.

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Case No. 4:15-CV-00783-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion to Preclude Argument of Several
Liability (ECF No. 107), in which Plaintiff seeks to preclude Defendants from arguing, by
motion for directed verdict or otherwise, that Defendant Delmar Gardens North, Inc. cannot be
held liable for conduct towards Plaintiff on the basis that this Defendant merely owns the land
on which the facility at issue operates but does not employee any staff or provide care to
patients such as Plaintiff.
In support of this motion, Plaintiff points to Defendants’ joint answer to the complaint,
joint response to Plaintiff’s requests for admission, and joint discovery responses, in which
Defendants repeatedly refer to the relevant employees and policies in the plural possessive
form (e.g., “Defendants’ staff” and “Defendants’ policies and procedures”). Plaintiff argues
that Defendants must be bound by these admissions. Defendants oppose Plaintiff’s motion.
Upon careful consideration of the parties’ arguments, and the pleadings and discovery
responses submitted in connection therewith, the Court is not convinced that Defendants’
admissions in their joint answer to the complaint and joint discovery responses so clearly

establish joint liability as to preclude an argument to the contrary. However, Plaintiff will be
free to seek to introduce at trial Defendants’ judicial admissions and discovery responses in
order to prove her claims.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Preclude Argument of Several
Liability is DENIED. ECF No. 107.

________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 21st day of November, 2017.

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