EXTENDICARE HOMES, INC. v. WHISMAN

2013-SC-000426-I 2013-SC-000430-I 2013-SC-000431-I.

478 S.W.3d 306 (2015)

EXTENDICARE HOMES, INC. d/b/a Shady Lawn Nursing Home; Extendicare, Inc.; Extendicare Health Network, Inc.; Extendicare Reit; Extendicare L.P.; Extendicare Holdings, Inc.; Extendicare Health Services, Inc.; Extendicare Health Facility Holdings, Inc.; John Does 1 Through 5; and Unknown Defendants, Movants, v. Belinda WHISMAN and Tony Adams, as Co-Administrators of the Estate of Van B. Adams, Deceased, Respondents. and Kindred Nursing Centers Limited Partnership d/b/a Winchester Centre for Health and Rehabilitation n/k/a Fountain Circle Health and Rehabilitation; Kindred Nursing Centers East, LLC; Kindred Hospitals Limited Partnership; Kindred Healthcare, Inc.; and Kindred Healthcare Operating, Inc., Movants v. Janis E. Clark, Executrix of the Estate of Olive G. Clark, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Oliver G. Clark, Respondents. and Kindred Nursing Centers Limited Partnership d/b/a Winchester Centre for Health and Rehabilitation n/k/a Fountain Circle Health and Rehabilitation; Kindred Nursing Centers East, LLC; Kindred Hospitals Limited Partnership; Kindred Healthcare, Inc.; and Kindred Health Care Operating, Inc., Movants, v. Beverly Wellner, Individually and on Behalf of the Estate of Joe P. Wellner, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Joe P. Wellner, Respondents.

Supreme Court of Kentucky.

Corrected: October 9, 2015.

Rehearing Denied February 18, 2016.


Attorney(s) appearing for the Case

Edmund John Benson , Kathryn Todd Martin , Benson Law Offices, Lexington, Jason Patrick Renzelmann , Louisville, William James George , Frost Brown Todd, LLC, Counsel for Appellants: Extendicare Homes, Inc. d/b/a Shady Lawn Nursing Home; Extendicare, Inc.; Extendicare Health Network, Inc.; Extendicare Reit; Extendicare L.P.; Extendicare Holdings, Inc.; Extendicare Health Services, Inc.; Extendicare Health Facility Holdings, Inc.; John Does 1 through 5; and Unknown Defendants.

Cameron C. Jehl , Carey Lynn Acerra , Robert Earl Salyer , Wilkes & McHugh, P.A., Counsel for Appellees: Belinda Whisman and Tony Adams, as Co-Administrators of the Estate of Van B. Adams, Deceased.

Donald Lee Miller, II , Kristin M. Lomond , James Peter Cassidy, III , Quintairos, Prieto, Wood & Boyer P.A., Louisville, Counsel for Appellants: Kindred Nursing Centers Limited Partnership d/b/a Winchester Centre for Health and Rehabilitation n/k/a Fountain Circle Health and Rehabilitation; Kindred Nursing Centers East, LLC; Kindred Hospitals Limited Partnership; Kindred Healthcare, Inc.; and Kindred Healthcare Operating, Inc.

James T. Gilbert , Coy, Gilbert 86 Gilbert, Richmond, Richard Eric Circeo , Robert Earl Salyer , Wilkes 86 McHugh, P.A., Lexington, Counsel for Appellees: Janis E. Clark, Executrix of the Estate of Olive G. Clark, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Oliver G. Clark and Beverly Wellner, Individually and on Behalf of the Estate of Joe P. Wellner, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Joe P. Wellner.


This decision consolidates three cases accepted by this Court for discretionary review pursuant to CR 65.09. By way of motions for interlocutory relief under CR 65.09, Extendicare Homes, Inc. d/b/a/ Shady Lawn Nursing Home ("Extendicare"), and its affiliated entities,1 and Kindred...

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