Marziale v. Correct Care Solutions LLC

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION

CHRISTINA MARZIALE, Individually and as mother of Baby Boy Marziale; and DANA MCcLAIN, Administrator of the Estate of Elaine Marziale PLAINTIFFS

No. 5:18-cv-86-DPM

CORRECT CARE SOLUTIONS LLC; MAKITA LAGRANT; STEPHEN COOK; and WELLPATH LLC DEFENDANTS

ORDER On de novo review, the Court adopts Magistrate Judge Deere’s partial recommendation, Doc. 304, and overrules the parties’ objections, Doc. 315 & 318. FED. R. Civ. P. 72(b) (1983 addition to advisory committee notes). In their respective objections, Marziale, Cook, and Lagrant repeat the comprehensive arguments they made to Judge Deere. The Court agrees with all her conclusions, adopts her careful reasoning, and overrules the objections. e Marziale’s motion for partial summary judgment, Doc. 262, is partly granted and partly denied. She must prove the applicable standard of care with expert testimony, Mitchell v. Lincoln, 366 Ark. 592, 599, 237 S.W.3d 455, 460 (2006), but she has established that she had a serious medical need, Coleman v. Rahija, 114 F.3d 778, 785 (8th Cir. 1997).

e Lagrant and Cook’s motion for summary judgment, Doc. 267, is denied.

e Marziale’s motion for judgment on the pleadings, Doc. 218, is denied as moot. So Ordered.

D.P. Marshall Jr. United States District Judge —L4 Jonny _

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