SUMMIT MEDICAL GROUP, INC., d/b/a ST. ELIZABETH PHYSICIANS APPELLANT
LISA COLEMAN APPELLEE
FROM KENTON CIRCUIT COURT HONORABLE KATHLEEN LAPE, JUDGE
ACTION NO. 12-CI-02683
FOR APPELLANT: David V. Kramer Mark D. Guilfoyle Christopher
B. Markus Crestview Hills, Kentucky.
FOR APPELLEE: Alan J. Statman Cincinnati, Ohio A. Dominick
Romeo Frederick J. Johnson Independence, Kentucky.
BEFORE: GOODWINE, LAMBERT, AND MAZE, JUDGES.
Medical Group, Inc., d/b/a Saint Elizabeth Physicians (SEP)
appeals from the Kenton Circuit Court's order certifying
appellee's claim as a class action under Kentucky Rule of
Civil Procedure (CR) 23. We vacate and remand this matter to
the Kenton Circuit Court.
procedural and factual history, as summarized by the circuit
court in its August 10, 2018, order certifying the class, is
This case has a rather tortured procedural history. The
original Complaint was filed on October 25, 2012. On November
15, 2012 Defendants, Saint Elizabeth Medical Center, Inc.
("SEMC") and Summit Medical Group, Inc., d/b/a St.
Elizabeth Physicians ("SEP") filed a Motion to
Dismiss Pursuant to CR 12.02 and CR 41.02. On December 10,
2012, Plaintiff, Lisa Coleman ("Coleman") filed an
Amended Complaint, to which Defendants answered on December
19, 2012. Since then, the following motions have been filed
and are pending:
1. 1/29/2013 - Defendants' Motion to Deny Class
2/1/2013 - Plaintiff filed a Response.
4/13/2013 - Defendants replied.
2. 1/29/2013 - Motion to Dismiss, SEMC.
3. 4/1/2013 - Plaintiff filed a Voluntary Dismissal of SEMC.
5/23/2013 - Plaintiff's Motion to Reopen Claims Against
SEMC and Set Aside the Dismissal.
5/29/2013 - SEMC Memorandum in Opposition to Plaintiff's
Motion to Reopen Claims Against SEMC and to Set Aside the
4. 4/1/2013 - Plaintiff's Motion to File a Second Amended
4/16/2013 - Defendants' Response to Plaintiff's
Motion For Leave to File Second ...