Opinion
Civil Action No. 11-cv-00947-RPM
01-10-2013
CARLA THOMPSON, Plaintiff, v. SOUTHWEST HEALTH SYSTEMS, INC., d/b/a Southwest Memorial Hospital, and WILLIAM G. RAINER, M.D., Defendants.
JUDGMENT
This matter was tried from January 2, 2013, through January 9, 2013, before an empaneled jury of twelve, Senior District Judge Richard P. Matsch presiding. During the presentation of the plaintiff's case two jurors were excused for cause and the trial proceeded with ten jurors. After the evidence was closed and hearing the arguments and statements of counsel, the Court denied defendants' oral motions for judgment as matter of law pursuant to Fed.R.Civ.P. Rule 50.
The trial proceeded to conclusion and the jury found that plaintiff Carla Thompson did not prove by a preponderance of the evidence that defendant Southwest Memorial Hospital violated EMTALA in the care of Timothy Thompson. The jury further found that plaintiff Carla Thompson did not prove by a preponderance of the evidence that Dr. Rainer was negligent in his care for Timothy Thompson on June 4, 2009. Accordingly, it is
ORDERED that judgment is entered in favor of defendants Southwest Health Systems Inc., d/b/a Southwest Memorial Hospital and William G. Rainer, Jr., M.D., and against plaintiff Carla Thompson. It is
FURTHER ORDERED that defendants shall have their costs by the filing of Bill of Costs with the Clerk of this Court within fourteen days of entry of judgment. It is
FURTHER ORDERED that the Complaint, Amended Complaint and this civil action are dismissed.
DATED at Denver, Colorado, this 10th day of January, 2013.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: J. Chris Smith
Deputy Clerk