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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION BETSY BATES, Plaintiff, vs. DELMAR GARDENS NORTH, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) 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. -2-

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