KENNETH M. FLOWERS as Administrator of the Estate of CHRISTINE FLOWERS, Deceased; KENNETH M. FLOWERS, Individually; KAREN FLOWERS; LAWRENCE FLOWERS and ANTHONY MIMMS, Plaintiffs,
CHRISTIANA CARE HEALTH SYSTEM, INPATIENT CONSULTANTS OF DELAWARE, INC. and ANURADHA AMARA, M.D., Defendants.
Submitted: March 28, 2019
Consideration of Defendant's Motion for Involuntary
Dale Bowers, Esquire. Law Office of A. Dale Bowers, P.A., 203
North Maryland Avenue, Wilmington, Delaware, 19804. Attorney
Igwe, Esquire. The Igwe Firm, 1500 Walnut Street, Suite 409,
Philadelphia, PA, 19102. Admitted Pro Hac Vice Attorney for
Richard Galperin, Esquire & Joshua H. Meyeroff, Esquire.
Morris James LLP., 500 Delaware Avenue, Suite 1500,
Wilmington, Delaware, 19801. Attorneys for Defendants IPC
Healthcare and Dr. Amara.
L. Scott, Jr. Judge.
consideration of the Defendant's Motion for Involuntary
Dismissal for failure to comply with this Court's
November 13, 2018 Order, and the record of the case, it
1. This action arises from the medical treatment of Mrs.
Flowers in August 2013. Plaintiffs allege that Defendants
were negligent in their care and treatment of Mrs. Flowers,
resulting in her unfortunate passing. Plaintiffs brought an
action on behalf of the estate and as individuals. Trial was
scheduled to begin on November 13, 2018.
2. At the pre-trial conference a discussion was held with
regards to the administrator of the estate. It was known at
that time the administrator would not be attending trial.
Plaintiffs' counsel indicated they would file a motion to
change the administrator. No motion was filed, and the
Administrator did not attend trial.
3. On the morning of trial, with a panel of prospective
jurors awaiting voir dire Plaintiffs' counsel
alerted Defense counsel and the Court that in addition to the
administrator, one of the other named Plaintiffs would not be
4. Plaintiffs' counsel sought permission from the Court
to dismiss the missing Plaintiff from the case, or in the
alternative, a continuance.
5. The Court heard argument from the parties on the options
available. Defense counsel opposed either option, but took
the position that if a continuance was to be granted, they
would be entitled to costs. Defense counsel estimated those
costs to be between $25, 000 to $35, 000. The Court gave
counsel time to consider this amount.
6. Delaware counsel hesitated, appeared uncomfortable, and
yielded the decision to pro hac counsel. With full
knowledge of the cost estimate, pro hac counsel
thought about it for a while and then said he "would be
willing to incur those costs."
7. The Court continued the case with costs. The Court made it
clear a scheduling conference would be held only after ...