Sargeant v. International Union of Operating Engineers, Local Union 478 Health Benefits & Insurance Fund

RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

DORSEY, District Judge.

I.Facts and Procedural History

On February 29, 1984, plaintiff, spouse of Richard Sargeant, a member of the defendant’s health benefit plan (the “Fund”), received injuries as a result of a slip and fall at a Burger King. Plaintiffs Statement of the Facts, ¶ 1; Defendant’s Statement of the Facts, 118. The Fund, a self-insured plan subject to federal regulation in accordance with 29 U.S.C. § 1001, et seq. (Employee Retirement Income Security Act (“ERISA”)), paid a total of $31,067.82 for the plaintiff’s medical, surgical,…