LOUISVILLE, Ky. (WDRB) -- A Frankfort judge has denied Norton Healthcare's request to dismiss the University of Louisville's claims in the year-long legal battle over control of Kosair Children's Hospital in downtown Louisville.

The Nov. 19 ruling by Franklin Circuit Court Judge Thomas Wingate represents an incremental victory for U of L. (DOCUMENT |

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Norton had asked Wingate to rule that U of L's counterclaims in the lawsuit were invalid, but that's “far from clear” until the facts are “fleshed out” through documents, interrogatories and depositions, Wingate ruled.

The case will now proceed to a discovery phase in which each side will have to produce records and make officials available for deposition, said Louisville attorney Phil Collier, who represents U of L.

"Judge Wingate ruled in his preliminary decision that Norton can't dismiss U of L's claims yet, but needs to conduct discovery and then come back to the Court.  So that's what we'll do," said David Bradford, a Chicago attorney representing Norton, in an emailed statement. "We remain confident that the Court will not allow a few administrators at the U of L to seize control of the Children's Hospital for themselves at the expense of Kentucky's children.”

Norton filed the lawsuit last year after U of L threatened in an Aug. 27, 2013 letter to evict Norton from Kosair Children's Hospital. 

Norton owns the hospital, which it built on state land at 231 E. Chestnut Street. U of L, a state entity, has long used Kosair as the pediatric teaching hospital for its School of Medicine.

In the letter, U of L said Norton had not kept up with financial commitments it had made to the university and its pediatric department, had restricted certain U of L pediatric specialists from practicing at the hospital and “repudiated” its obligations to U of L by announcing plans to give “clinical, operational and financial control” of the hospital to a “different university.” 

In August 2013, Norton announced it would collaborate in pediatrics with the University of Kentucky and its Kentucky Children's Hospital in Lexington – a move that riled U of L School of Medicine officials.

In his ruling last week, Judge Wingate wrote that Norton and U of L have had a “longstanding relationship…extremely beneficial to both parties,” and he hopes to see a resolution to their dispute.

“With emotions high, business opportunities on hold and quality care for Kentucky's sickest and most vulnerable children on the line, it is important to step back and digest the big picture,” Wingate wrote. “Norton and U of L need each other. U of L is the beneficial landholder, and Norton has built a valuable and reputable hospital on top of that land.”

Collier said he expects the judge to now deal with a request by the state's finance cabinet – which is also a party to the lawsuit – to appoint a “special master commissioner” to dig into the relationship and legal agreements between Norton and U of L and make recommendations to the court.

The state had also asked that Wingate not grant Norton's motion to dismiss U of L's claims, saying the litigation is at "early stage." The state said in a Nov. 5 brief that it "does not take a position on whether U of L ultimately should prevail."

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