Perry v. Manor Care, Inc., 2006 U.S. Dist. LEXIS 47861 (D. Pa. 2006)

Plaintiff originally filed a complaint in federal court alleging negligence that resulted in pressure ulcers and amputation of Plaintiff’s right leg. Manor Care later filed a third party complaint, after which, Plaintiff filed a separate action in State court against the third party defendants in the federal case. Manor Care moved the court to abstain and dismiss the federal case or in the alternative to stay the case pending outcome of the State case. The motion was denied. Although the parties were sufficiently parallel for abstention purposes, the claims were not. “In the state case, Plaintiff would not be able to recover from Defendant in the state action unless the individual defendants are found to have been responsible for Plaintiff’s injuries. Similarly, in the federal case, if Defendant is found to have been responsible for Plaintiff’s injuries under the corporate negligence doctrine, the defendants in the state case would not necessarily be held responsible for Plaintiff’s injuries.”

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