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16-241 - Estate of Lashano Gilbert v. New London Police Department et al


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16-241 - Estate of Lashano Gilbert v. New London Police Department et al
February 21, 2017
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ORDER. For the reasons set forth herein, the motions to dismiss asserting lack of subject matter jurisdiction and lack of an adequate medical opinion letter (ECF Nos. 26, 57, 58, 62, 63, 64) are DENIED. The Hospital Defendants' motion to dismiss regarding liability (ECF No. 29) is GRANTED in part and DENIED in part: the case against Lawrence and Memorial Hospital may proceed on a theory of vicarious, not direct, liability, and the case against Lawrence and Memorial Corporation is dismissed. The motions to sever (ECF Nos. 39, 40) are also DENIED. The denial of the motions to sever is without prejudice with regard to severing the trial. The parties should continue with joint discovery. Signed by Judge Michael P. Shea on 2/21/17. (Tegeler, D.)