Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Thomas v. Nexion Health, Inc.

United States District Court, D. Maryland

May 31, 2016

VERONICA THOMAS, Plaintiff,
v.
NEXION HEALTH, INC., Defendant.

          MEMORANDUM OPINION

          Richard D. Bennett United States District Judge

         Plaintiff Veronica Thomas[1] (“Plaintiff” or “Thomas”) has brought this action against Defendant Nexion Health, Inc. (“Defendant” or “Nexion”), alleging negligence[2]. Presently pending are Defendant’s Motion for Summary Judgment or, in the alternative, to Transfer Venue (ECF No. 14); Plaintiff’s Motion to Allow Time for Discovery under Rule 56(d) and Opposition to Motion for Summary Judgment (ECF No. 18); Plaintiff’s Motion for Leave to Amend Complaint for Damages (ECF No. 23); and Defendant’s Motion for Leave to File Sur-Reply (ECF No. 27). The parties’ submissions have been reviewed, and no hearing is necessary. See Local Rule 105.6 (D. Md. 2014). For the reasons stated herein, Defendant’s Motion to Transfer Venue (ECF No. 14) is GRANTED. Accordingly, this case will be transferred to the United States District Court for the Western District of Louisiana. All pending arguments, including Defendant’s arguments for summary judgment, will remain pending for disposition in the transferee court.

         BACKGROUND

         In ruling on a motion for summary judgment, this Court reviews the facts and all reasonable inferences in the light most favorable to the nonmoving party. Scott v. Harris, 550 U.S. 372, 378 (2007); see also Hardwick ex rel. Hardwick v. Heyward, 711 F.3d 426, 433 (4th Cir. 2013). The facts of this case, construed in the Plaintiff’s favor, are as follows:

         On or about August 17, 2012, Plaintiff Veronica Thomas (“Plaintiff” or “Thomas”), a Louisiana citizen, “was being transported by Lafayette Care Center[3] when the driver [allegedly] operated the vehicle in a reckless and unsafe manner causing [Thomas] to fall backward and sustain injuries.” Compl. at ¶ 4, ECF No. 1.[4] She alleges that the accident “was caused totally, solely and/or concurrently through the negligence and/or fault of Nexion in the following non-exclusive particulars, to-wit:”

a. Operating a motor vehicle in an unsafe and reckless manner;
b. Inattentiveness;
c. Speeding;
d. Careless operation of a motor vehicle;
e. Failure to discharge any and all duties owed to a person in the capacity of Plaintiff; and
f. Violations of laws, statutes and/or regulations designed for the safety of the motoring public and/or their vehicles. Id. at ¶ 5.

         As a result of the accident, Thomas “sustained injuries and/or damages, which are outlined in the following non-exclusive particulars, to-wit;”

a. Medical Expenses;
b. Loss of earnings and impaired earning capacity;
c. Physical pain and suffering;
d. Humiliation;
e. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.