Hill v. Beverly Enterprises-Mississippi, Inc.

305 F. Supp. 2d 644 (2003)

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Hill v. Beverly Enterprises-Mississippi, Inc.

United States District Court for the Southern District of Mississippi
305 F. Supp. 2d 644 (2003)

Facts

Lawrence Hill (plaintiff) was a resident at Beverly Health and Rehabilitation, a nursing-home facility operated by Beverly Enterprises Mississippi, Inc. (collectively, Beverly) (defendants). Hill, through his representatives, filed a personal-injury claim against Beverly for alleged injuries sustained by Hill resulting from the care provided at the facility. Additionally, Hill sought to hold Alicha Lindsay (defendant), as the nursing-home administrator, and James Landers and David Devereaux (the licensees) (defendants), as the licensees of the nursing home, personally liable under the direct-participation theory of individual liability. The complaint alleged that Lindsay and the licensees were responsible for managing and supervising the facility and that they failed to properly hire, supervise, and train nursing personnel and failed to ensure that the facility prepared and maintained adequate records. Beverly, Lindsay, and the licensees removed the case to federal court. Hill moved to remand the case to state court for trial. Beverly and the licensees opposed the motion and argued that Hill failed to satisfy the direct participation required under the direct-participation theory of individual liability because Hill had not alleged any personal contact between Lindsay or the licensees and Hill or the personnel who purportedly caused his injuries.

Rule of Law

Issue

Holding and Reasoning (Lee, J.)

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