Hollie Jackson, as Administrator of the Estate of Emma Hayes, and on Behalf of the Wrongful Death Beneficiaries of…

Summary

The court held that the nursing-home defendants were not entitled to summary judgment under Kentucky's COVID-19 immunity statute because the statute requires a causal connection between the alleged injury and COVID-19, COVID-related services, or services outside the ordinary course of business. Material factual disputes existed concerning the cause of Emma Hayes's death and whether the defendants' conduct constituted gross negligence, and Jackson was entitled to additional discovery. The court declined to decide immunity under the PREP Act and remanded for further proceedings.