Kelley v. Franklin County Rehab

Termont Superior Court
Filed 02/20/26
Chittenden Unit

VERMONT SUPERIOR COURT CIVIL DIVISION
Chittenden Unit Case No. 21-CV-00323
175 Main Street
Burlington VT 05401
802-863-3467
www.vermontjudiciary.org
Nancy Kelley, et al v. Franklin County Rehab Center, LLC d/b/a Franklin County
Rehabilitation Center and d/b/a Franklin County Rehabilitation & Adult Care
Center, et al

ENTRY REGARDING MOTION
Title: Motion to Dismiss Crossclaim (Motion: 30)
Filer: Curtis L. S. Carpenter
Filed Date: January 19, 2026

The motion is DENIED IN PART.

Based on the briefs submitted and the discussion with the parties at the February 20, 2026
status conference, the Motion to Dismiss is Deferred until the resolution of Mr. and Ms.
Kelley's underlying medical malpractice claims.

The Court finds that the central issue of Franklin County Rehab's motion, whether Dr.
Marco owed a duty to defend Franklin County Rehabilitation and a duty to indemnify, as well as
Franklin County's other general indemnification claims are best resolved after the jury had
determined the nature and extent of liability against Franklin County Rehab.

As indicated at the hearing, this means that Dr. Marco remains a party to the matter and
will have limited rights to participate at the trial and may be called as a witness, permitted to put
forward expert testimony regarding his role in the initial admission and hoyer chair incident, and
allowed to propose specific interrogatories about the underlying medical malpractice incidents to
the jury verdict form.

Parties may file, as part of the motion in limine process, any requests to further refine the
nature and extent of Dr. Marco's participation or limits on such.

So Ordered.

Electronically siqned on 2/20/2026 12:29 PM pursuant to V.R.E.F. 9(d)

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Daniel Richardson
Superior Court Judge