Troeger v. Minnesota Life Insurance Co.

ORDER AND OPINION

James E. Shadid, Chief United States District Judge

This matter is now before the Court on Defendant’s Motion [15] for Summary Judgment. For the reasons set forth below, Defendant’s Motion [15] is Denied.

Background

The following facts are not in dispute. On July 20, 2002, Michael Mitchell fractured his neck after falling head-first into Kickapoo Creek. The fracture resulted in quadriplegia, or paralysis of all four extremities. In September 2005, Michael became a resident at Rose Garden Care Center (“Rose Garden”), a residential care facility in Peoria Heights, Illinois. He…