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Prout v. PRG Real Estate Mgmt., Inc.

United States District Court, E.D. Kentucky, Central Division

October 9, 2014

MARY L. PROUT, Plaintiff,
v.
PRG REAL ESTATE MANAGEMENT, INC. and ESIS, INC., Defendants

For Mary L. Prout, Plaintiff: James M. Francis, LEAD ATTORNEY, Francis Law Office, PLLC, Lexington, KY; Justin Ross Morgan, LEAD ATTORNEY, The Morgan Law Firm, PLLC - Lex, Lexington, KY; Jeremy Rhodes Morgan, The Morgan Law Firm, PLLC - Hazard, Hazard, KY.

For PRG Real Estate Management, Inc., Defendant: Robert D. Bobrow, Robert Estes Stopher, LEAD ATTORNEYS, David Eugene Crittenden, Boehl, Stopher & Graves - Louisville KY, Louisville, KY.

For ESIS, Inc., Defendant: Susan Lynn Maines, LEAD ATTORNEY, Casey, Bailey & Maines, PLLC, Lexington, KY.

Page 703

MEMORANDUM OPINION AND ORDER

Joseph M. Hood, Senior United States District Judge.

This matter is before the Court upon motions for summary judgment by Defendants

Page 704

PRG Real Estate Management, Inc. [DE 16] and ESIS, Inc. [DE 17]. Plaintiff filed a consolidated response to the motions, [DE 21], and the Defendants have filed replies, [DE 22, 26]. The Court has considered the parties' arguments and, for the following reasons, will grant Defendants' motions for summary judgment.

I. BACKGROUND

During the relevant time period, Plaintiff resided at Saddlebrook Apartments in Lexington, Kentucky, which was owned and operated by Defendant PRG Real Estate Management, Inc. (" PRG" ). On July 2, 2012, Plaintiff sustained injuries when she fell on a sidewalk located at the apartments. Plaintiff claims that the sidewalk was unsafe and in a state of disrepair. After reporting the incident to PRG, Plaintiff was put into contact with a representative of ESIS, Inc. (" ESIS" ), the third-party administrator for PRG's self-insurance plan. Plaintiff reports that ESIS repeatedly assured her that they wanted to resolve the matter without litigation and began paying medical bills as they were submitted. On August 13, 2013, after the one-year statute of limitations had run, ESIS asked Plaintiff to submit a settlement demand. She promptly made a demand for $400,000, which was denied on September 24, 2013.

On October 18, 2013, Plaintiff filed suit in Fayette County Circuit Court, alleging that PRG was negligent for failing to maintain its sidewalks and that ESIS violated Kentucky's Unfair Claims Settlement Practices Act (" UCSPA" ) and engaged in bad faith through its handling of her claim.[1] Defendants removed the case to this Court on November 11, 2013.

II. STANDARD OF REVIEW

Summary judgment is appropriate where " the pleadings, discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). " The mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The moving party has the initial burden to identify those parts of the record that establish the absence of a material issue. Chao v. Hall Holding Co., Inc., 285 F.3d 415, 424 (6th Cir. 2002). Once the moving party has made this showing, the non-moving party is required to go beyond the pleadings and come forward with specific facts to demonstrate that there is a genuine issue of fact. Id. (citing Celotex Corp. v. Catrett, ...


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