By Mike Scott
Dr. Randy Tobler is seeking a jury trial in the sole remaining charge his case against Scotland County Hospital, and Achim Hoyal, in Case 23SE-CC00015.
In March of 2023, Dr. Tober filed suit against the Scotland County Hospital, alleging (I) Violations of Missouri’s Sunshine Law, (2) Defamation, (3) Civil Conspiracy and (4) Tortious Interference with Business Expectancy.
On December 12, 2023, First District Circuit Judge Rick Roberts dismissed Counts 2, 3, and 4 of the suit.
In a new court filing, dated May 21, 2024, Tobler, through his attorneys Lowell Pearson and R. Ryan Harding of Husch Blackwell LLP, of Jefferson City, is seeking a jury trial on the remaining count of Missouri Sunshine Law Violations.
In the filing, Tobler’s attorneys argue that although the defendants filed petitions to dismiss Counts 2, 3, and 4, they have not moved to dismiss Count 1, nor have they conducted any discovery on the case.
In the document, Tobler’s attorneys expect a trial to take one day.
That same day, May 21, Roberts ordered a bench trial setting to be held on Wednesday, June 5, 2024. The case will be heard as a Webex setting in the Scotland County Courtroom in Memphis
A trial setting is a hearing to set an actual trial date.
In response, on May 22, 2024, Hoyal, through his attorney Andrew Kinghorn of Jackson Lewis, P.C. of St. Louis, filed a petition seeking to be released from the case, stating that of the four counts originally filed by Tobler, only three were brought against Hoyal.
“Specifically, Hoyal was named alongside the Hospital as a defendant in only Counts II (Defamation), III (Civil Conspiracy), and IV (Tortious Interference). Hoyal was not named as a defendant in Count I (Missouri Sunshine Law),” state court documents.
The filing continues that Hoyal has made no response to any of the allegations in Count 1 because Count 1 was not alleged against him.
“WHEREFORE, Hoyal has submitted this Response to Plaintiff’s Motion for Bench Trial Setting for the purpose of correcting the record with respect to the inaccurate and misleading statements contained in Plaintiff’s motion; and to ensure the record is clear that the upcoming bench trial relates only to the single remaining claim against the Hospital, not Hoyal. Accordingly, Hoyal is not a party participant in the bench trial,” Hoyal’s response concluded.
