Free Motion for Partial Summary Judgment - District Court of Delaware - Delaware

Case 1:04-cv-01540-GMS

Document 74-2

Filed 05/05/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ___________________________________ : : : : v : : RONALD I. LEBMAN, M.D., et al : ____________________________________ GLADYS BAILEY, as the Administratrix of the Estate of DEBBIE BAILEY, deceased, et al

C.A. No. 04-1540-GMS

PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT CONCERNING DEFENDANTS' EMTALA VIOLATION Plaintiffs, Gladys Bailey, as the Administratrix of the Estate of Debbie Bailey, Deceased, Dominick Bailey, Demetria Bailey, Individually and as guardian for Amber Bailey, a minor, and Tia Bailey, by their undersigned counsel, hereby moves this Court for Partial Summary Judgment Concerning Defendants' EMTALA Violation. The undisputed and admitted to facts of this case reveal that defendant Bayhealth Medical Center, Inc. d/b/a Kent General Hospital and defendant Ronald Lebman, M.D. violated EMTALA by failing to provide the standard accepted medical screening examination for decedent Debbie Bailey, when she presented with severe chest pain and shortness of breath on January 19, 2003. Because the evidence of this EMTALA violation has been admitted to by defendants and there is no issue of material fact, summary judgment should be entered on the sole issue that an EMTALA violation occurred. In support of this Motion, plaintiffs incorporate herein by reference and make a part hereof the attached Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment Concerning Defendants' EMTALA Violation.

Case 1:04-cv-01540-GMS

Document 74-2

Filed 05/05/2006

Page 2 of 2

WHEREFORE, plaintiffs respectfully request that the Court enter the attached proposed Order and grant partial summary judgment on the issue that an EMTALA violation occurred. Respectfully submitted,

POTTER, CARMINE, LEONARD & AARONSON, P.A.

BY:S/ STEPHEN POTTER, ESQUIRE STEPHEN POTTER, ESQUIRE 840 North Union Street Post Office Box 514 Wilmington, Delaware 19899 (302) 658-8940 Attorney for Plaintiffs

KLINE & SPECTER A Professional Corporation

BY: THOMAS R. KLINE, ESQUIRE LEON AUSSPRUNG, ESQUIRE JOSHUA VAN NAARDEN, ESQUIRE Attorneys for Plaintiffs Nineteenth Floor 1525 Locust Street Philadelphia, Pennsylvania 19102 (215) 772-1000

Dated: May 5, 2006