Keller v. Diversicare of Council Grove, LLC, 2:23-cv-02556

Katherine Keller, as the heir and administrator of Treva Stuck's estate, sued Diversicare of Council Grove, LLC and Diversicare Healthcare Services, LLC after Treva Stuck's fatal fall at Diversicare Council Grove nursing home.
Plaintiffs brought Kansas-law claims of wrongful death, negligence, and sought to establish defendants were in a joint venture, making them vicariously liable for each other.
At the time, Diversicare Services managed the facility under a Management Agreement that delegated operational control but explicitly denied intent to form a joint venture.
The relevant agreement allowed Diversicare Services to recruit, supervise staff, access accounts, and manage the facility on behalf of Diversicare Council Grove.
Plaintiffs moved for partial summary judgment, seeking to establish as a matter of law the joint venture and certain undisputed facts; defendants opposed, arguing factual disputes remained.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Existence of Joint Venture	Defendants’ conduct and agreement establish a joint venture despite contractual disclaimer.	Agreement designates Diversicare Services as agent, not partner; no true profit/loss sharing or co-ownership.	Factual disputes require jury determination; summary judgment denied.
Summary Disposition of Facts	Certain material facts are undisputed and should be deemed established.	The facts are disputed or immaterial; should be reserved for trial.	Discretion exercised to leave facts for trial; motion denied on this point.

Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standards and burden shifting)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment, genuine issue of material fact)
Modern Air Conditioning, Inc. v. Cinderella Homes, Inc., 596 P.2d 816 (factors for determining joint venture under Kansas law)
George v. Capital South Mortgage Invs., Inc., 961 P.2d 32 (joint venture defined as association for single enterprise for profit)