Legal Opinion

Funk v. Pinnacle Health Facilities XXXII., LP

District Court, D. Kansas

Decided November 19, 2018No. 17-1099-JTMPublishedCited by 1 opinion

1Opinion of the CourtJ. Thomas Marten, Judge

This is a wrongful death action, alleging that the decedent died as the result of a nursing home fall. Defendant operator of the home has moved for summary judgment, contending that the plaintiffs' failure to designate any medical expert to testify to causation is fatal to their claims for negligence. The motion raises two issues. Can plaintiffs establish causation through the testimony of two nurses? And can they do so by relying on the coroner's death certificate? The court answers these questions, respectively, "no" and "yes."

Findings of Fact

Clearwater is a skilled nursing and…

2Cases cited25 opinions

  1. Bacon v. Mercy Hosp. of Ft. ScottSupreme Court of Kansas · 1988
  2. Vaughn v. Mississippi Baptist Medical CenterMississippi Supreme Court · 2009
  3. Sheridan v. St. Luke's Regional Medical CenterIdaho Supreme Court · 2001
  4. Richardson v. Methodist Hosp. of Hattiesburg, Inc.Mississippi Supreme Court · 2002
  5. Williams v. Eighth Judicial District Court Ex Rel. County of ClarkNevada Supreme Court · 2011

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3Cited by1 opinion

  1. Leonard v. HMG Park Manor of Salina, LLCDistrict Court, D. Kansas · 2023

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