BILINSKI v. WILLS EYE HOSPITAL et al

Filing 147

MEMORANDUM ORDER THAT DEFENDANTS' MOTIONS TO DISMISS (DOC. NOS. 139 AND 140 ) ARE GRANTED IN PART AND DENIED IN PART AND THE MOTION FOR SUMMARY JUDGMENT IS DENIED WITHOUT PREJUDICE AS OUTLINED HEREIN. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/24/2019. 9/25/2019 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RONALD JOSEPH BILINSKI,
Plaintiff,
CIVIL ACTION
NO. 16-02728

v.
WILLS EYE HOSPITAL, et al.,
Defendants.
ORDER

AND NOW, this 24th day of September 2019, upon consideration of Defendants’
Motions to Dismiss, (ECF Nos. 139 and 140), Defendants’ Motion for Summary
Judgment, (ECF No. 141), and Plaintiff’s Responses, (ECF Nos. 144, 145), it is hereby
ORDERED that the Motions to Dismiss are GRANTED IN PART and DENIED IN
PART and the Motion for Summary Judgment is DENIED without prejudice.
Specifically, the Court:
1. DENIES Wills Eye Hospital’s Motion to Dismiss (ECF No. 140) Counts III, V
and VI and GRANTS the Motion as to Bilinski’s request for punitive damages
against the Hospital;
2. DENIES Retinovitreous Associates’ Motion to Dismiss (ECF No. 139) Count III
and GRANTS the Motion as to (1) the portions of Counts V and VI seeking to
hold Retinovitreous Associates vicariously liable for the medical-battery and
lack-of-informed-consent claims against Houston, and (2) Bilinski’s request for
punitive damages against Retinovitreous Associates;

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3. DENIES Dr. Houston’s Motion to Dismiss (ECF No. 139) Count III and
Bilinski’s request for punitive damages against Dr. Houston;
4. DENIES without prejudice Dr. Houston and Retinovitreous Associates’
Motion for Summary Judgment (ECF No. 141).

BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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