Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Summit Medical Group, Inc. v. Coleman

Court of Appeals of Kentucky

November 1, 2019

SUMMIT MEDICAL GROUP, INC., d/b/a ST. ELIZABETH PHYSICIANS APPELLANT
v.
LISA COLEMAN APPELLEE

          APPEAL FROM KENTON CIRCUIT COURT HONORABLE KATHLEEN LAPE, JUDGE ACTION NO. 12-CI-02683

          BRIEFS FOR APPELLANT: David V. Kramer Mark D. Guilfoyle Christopher B. Markus Crestview Hills, Kentucky.

          BRIEF FOR APPELLEE: Alan J. Statman Cincinnati, Ohio A. Dominick Romeo Frederick J. Johnson Independence, Kentucky.

          BEFORE: GOODWINE, LAMBERT, AND MAZE, JUDGES.

          OPINION

          LAMBERT, JUDGE.

         Summit 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.

         The procedural and factual history, as summarized by the circuit court in its August 10, 2018, order certifying the class, is as follows:

Procedural Posture:
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 Certification.
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 Dismissal.
4. 4/1/2013 - Plaintiff's Motion to File a Second Amended Complaint.
4/16/2013 - Defendants' Response to Plaintiff's Motion For Leave to File Second ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.