Lucas v. Medical Facilities of America, Inc.

By Judge Clifford r. Weckstein

Geraldine M. Lucas, John J. Lucas’s widow and the administrator of his estate, asserts in this suit that Mr. Lucas’s death was caused by negligence of his doctors or of personnel at Salem Health and Rehabilitation Center (“Salem Health”) or of both. The threshold question is whether her claim against Salem Health will be evaluated on its merits or summarily thrown out of court.

Salem Health’s owners, two limited partnerships, contend that the claim against the nursing home must be dismissed because, under the Revised Uniform Partnership Act (RUPA),1 “a partnership…