Marziale v. Correct Care Solutions LLC
Trial Court 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 _
Case-law data current through September 30, 2026. Source: CourtListener bulk data.