ESTATE OF BERNICE GOLDBERG v. MINOITYN et al

Filing 48

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE GLOBAL MOTION FOR SUMMARY JUDGMENT ON THE BASIS OF PLAINTIFF'S EXPERT'S QUALIFICATIONS IS DENIED; THE PARTIAL MOTIO N FOR SUMMARY JUDGMENT IS GRANTED AND SUMMARY JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AS TO PLAINTIFF'S CLAIMS AGAINST DEFENDANT THOMAS JEFFERSON UNIVERSITY HOSPITAL FOR DIRECT OR CORPORATE NEGLIGENCE AND CONSPIRACY; AND THE PARTIAL MOTION FOR SUMMARY JUDGMENT IS GRANTED AND SUMMARY JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AS TO PLAINTIFF'S CLAIMS FOR PUNITIVE DAMAGES. SIGNED BY HONORABLE GERALD A. MCHUGH ON 6/17/16. 6/17/16 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ESTATE OF BERNICE GOLDBERG,
by the Executor GARY GOLDBERG,
Plaintiff,
v.
PHILIP NIMOITYN, M.D., et al.,
Defendants.

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CIVIL ACTION
No. 14-980

ORDER
This 17th day of June, 2016, upon review of Defendants’ Motion for Summary Judgment
and Plaintiff’s Response thereto, it is hereby ORDERED that the Motion is GRANTED IN
PART and DENIED IN PART as follows:
1. The global Motion for Summary Judgment on the basis of Plaintiff’s expert’s
qualifications is DENIED;
2. The Partial Motion for Summary Judgment is GRANTED and summary judgment is
entered in favor of Defendants as to Plaintiff’s claims against Defendant Thomas
Jefferson University Hospital for direct or corporate negligence and conspiracy; and
3. The Partial Motion for Summary Judgment is GRANTED and summary judgment is
entered in favor of Defendants as to Plaintiff’s claims for punitive damages.

/s/ Gerald Austin McHugh
United States District Court Judge