BILINSKI v. WILLS EYE HOSPITAL et al

Filing 227

MEMORANDUM ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. NO. 193 ) IS DENIED WITH RESPECT TO COUNT I OF THE AMENDED COMPLAINT. THE MOTION IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF HOUSTON AND AGAINST BILINSKI WITH RESPECT TO COUNT IV OF THE AMENDED COMPLAINT. THE MOTION IS GRANTED IN PART AND JUDGMENT IS ENTERED IN PART IN FAVOR OF MAR AND AGAINST BILINSKI WITH RESPECT TO COUNTS V AND VI OF THE AMENDED COMPLAINT. COUNTS II AND III OF THE AMENDED COMPLAINT AT WITHDRAWN. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/1/21. 9/1/21 ENTERED AND COPIES NOT MAILED TO COUNSEL; E-MAILED.(amas, )

Case 2:16-cv-02728-GJP Document 227 Filed 09/01/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RONALD JOSEPH BILINSKI,
Plaintiff,
CIVIL ACTION

v.

NO. 16-2728

WILLS EYE HOSPITAL, et al.,
Defendants.
ORDER

AND NOW, this 1st day of September 2021, upon consideration of Defendants
Retinovitreous Associates, Limited doing business as Mid Atlantic Retina (MAR) and
Dr. Samuel K. Houston III’s Motion for Summary Judgment and associated exhibits
(ECF 193), Bilinski’s Response (ECF 203) and associated exhibits (ECF 204) and
Defendants’ Reply (ECF 207) and associated exhibits (ECF 208), and following oral
argument with counsel for the parties (ECF 224), it is hereby ORDERED that:
1.

The Motion is DENIED with respect to Count I of the Amended

Complaint (ECF 173). Consistent with the accompanying Memorandum, Bilinski may
seek recovery on this claim only for his alleged emotional injuries as counsel described
them to the Court at oral argument.
2.

The Motion is GRANTED and JUDGMENT IS ENTERED in favor of

Houston and against Bilinski with respect to Count IV of the Amended Complaint.
3.

The Motion is GRANTED in part and JUDGMENT IS ENTERED in

part in favor of MAR and against Bilinski with respect to Counts V and VI of the
Amended Complaint. Bilinski may proceed with those claims only as they relate to his
medical battery claim and purported emotional injuries therefrom.

Case 2:16-cv-02728-GJP Document 227 Filed 09/01/21 Page 2 of 2

It is FURTHER ORDERED that Counts II and III of the Amended Complaint
are WITHDRAWN consistent with Bilinski’s counsel’s representations at oral
argument.
BY THE COURT:

/s/ Gerald J. Pappert
________________________
GERALD J. PAPPERT, J.