Goodfellow et al v. Camp Netimus, Inc. et al

Filing 26

ORDER (memorandum filed previously as separate docket entry), re: defts' mot. to dismiss. (See order for full details). Defts. are directed to file their ans. to remaining claims in the pltfs amd. cmp. on or before 5/19/17.Signed by Honorable Malachy E Mannion on 5/4/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
GORDON PARKER GOODFELLOW:
IV, a minor by GORDON PARKER
GOODFELLOW, III and LORENA :
GOODFELLOW, Parents and
Natural Guardians and GORDON :
PARKER GOODFELLOW, III and
LORENA GOODFELLOW,
:
Individually,
:
Plaintiffs
:
v
:
CAMP NETIMUS, INC., d/b/a
CAMP SHOHOLA FOR BOYS, INC. :
a/k/a CAMP SHOHOLA, INC.;
CANDACE KAY LEHMAN and
:
LISA M. CHOU (BRASS),
:
Defendants

CIVIL ACTION NO. 3:16-1521
(JUDGE MANNION)

ORDER
In accordance with the foregoing memorandum, and after considering
the briefs of the parties, IT IS HEREBY ORDERED that:
1.

The defendants’ motion to dismiss, (Doc. 12), the parent plaintiffs’
cause of action for loss of consortium regarding GPG contained
in Count V of the amended complaint, (Doc. 10), is GRANTED
and this claim is DISMISSED WITH PREJUDICE;

2.

The defendants’ motion to dismiss, (Doc. 12), with respect to the
plaintiffs’ direct corporate medical negligence claims against the
Camp contained in Count III of the amended complaint, (Doc. 10),
is GRANTED and this claim is DISMISSED WITH PREJUDICE;

3.

The defendants’ motion to dismiss, (Doc. 12), with respect to the
plaintiffs’ vicarious liability claims against the Camp contained in
Count III of the amended complaint, (Doc. 10), based on the
alleged professional medical negligence of Lehman and Chou is
DENIED and this claim shall PROCEED;

4.

The defendants’ motion to dismiss, (Doc. 12), with respect to the
plaintiffs’ allegations of negligence against the individual
defendants contained in the amended complaint, (Doc. 10), is
DENIED and Counts I and II of the amended complaint, (Doc. 10),
based on the alleged professional medical negligence of Lehman
and Chou shall PROCEED;

5.

The defendants’ motion to dismiss, (Doc. 12), with respect to all
of the plaintiffs’ allegations of recklessness against all defendants
contained in the amended complaint, (Doc. 10), is DENIED; and

6.

The defendants are directed to file their answer to the remaining
claims in the plaintiffs’ amended complaint, (Doc. 10), on or
before May 19, 2017.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATED: May 4, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-1521-01-Order.wpd

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