QUEEN v. HAYWOOD REGIONAL MEDICAL CENTER

No. 1:12-cv-00306-MOC-DLH.

JULIA A. QUEEN, Plaintiff, v. HAYWOOD REGIONAL MEDICAL CENTER MEDICAL CARE PLAN HAYWOOD REGIONAL MEDICAL CENTER MEDWEST HEALTH SYSTEM, INC. HAYWOOD REGIONAL MEDICAL CENTER, A HOSPITAL AUTHORITY WESTCARE, INC. HAYWOOD REGIONAL MEDICAL CENTER EMPLOYEE BENEFIT PLAN-LIFE INSURANCE, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

August 29, 2014.


Attorney(s) appearing for the Case

Julia A. Queen, Plaintiff, represented by David A Wijewickrama , Brown, Taylor & Wijewickrama, John C. Cloninger , Cloninger,Barbour, Searson & Jones, PLLC & Frederick S. Barbour , Cloninger, Barbour, Searson & Jones, PLLC.

Haywood Regional Medical Center, a Hospital Authority, Defendant, represented by Jonathan W. Yarbrough , Constangy, Brooks & Smith, LLC.

Haywood Regional Medical Center, Defendant, represented by Jonathan W. Yarbrough , Constangy, Brooks & Smith, LLC.

Medwest Health System, Inc., Defendant, represented by Jonathan W. Yarbrough , Constangy, Brooks & Smith, LLC.

Westcare, Inc., Defendant, represented by Jonathan W. Yarbrough , Constangy, Brooks & Smith, LLC.

Haywood Regional Medical Center Medical Care Plan, Defendant, represented by Jonathan W. Yarbrough , Constangy, Brooks & Smith, LLC.

Haywood Regional Medical Center Employee Benefit Plan-Life Insurance, Defendant, represented by Jonathan W. Yarbrough , Constangy, Brooks & Smith, LLC.

Langdon M. Cooper, Trustee, represented by Langdon M. Cooper , Mullen, Holland & Cooper, P.A..


MEMORANDUM OF DECISION and ORDER

MAX O. COGBURN, Jr., District Judge.

THIS MATTER is before the court on defendants' Motion to Dismiss and Motion for Summary Judgment. After thorough briefing of those motions, the court heard oral arguments on July 14, 2014. For the reasons that follow, the Motion to Dismiss will be denied and the Motion for Summary Judgment will be denied on the issue of judicial estoppel, but otherwise allowed.

FINDINGS...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases