This photo was taken of the Scotland County Courthouse on December 6, 2023. Photo by Echo Menges
By Echo Menges
The lawsuit brought by former Scotland County Hospital CEO Dr. Randall Tobler against the Scotland County Hospital and SCH employee Achim Hoyal continues to wind its way through the court process.
Late Tuesday, December 12, 2023, First Circuit Presiding Judge Rick Roberts delivered a blow to Tobler’s legal team by dismissing three of the seven counts brought against the hospital and staffer Achim Hoyal – for the second time.
The motions to dismiss Count II (defamation), Count III (civil conspiracy), and Count IV (tortious interference with business expectancy) made by SCH and Hoyal were heard by the Judge on Wednesday, September 6, and again on Wednesday, December 6.
Judge Roberts issued his rulings on the motions for dismissals on September 11, and again on December 12.
“Back on September 11, 2023 the Court granted the Defendants’ motion to dismiss but allowed the Plantiff 30 days to amend. After having 30 days to amend the Plantiff elected to make no changes to Counts III and IV and as such those counts are dismissed by the Court with prejudice on the same basis as the September 11, 2023 ruling,” Judge Roberts wrote in his decision.
Dismissed “with prejudice” means Tobler, the Plantiff, cannot amend and refile Counts III and IV in the current case.
Judge Roberts dismissed Count II without prejudice, which means it can be amended and refiled in the current case.
During the December 6 hearing, Tobler’s attorney R. Ryan Harding argued that Tobler’s legal council believed legal counsel and Judge Roberts erred by dismissing the same charges in his September 11 ruling, and the litigator planned to file an appeal on the ruling with the Missouri Court of Appeals.
While being a blow to the Plantiff’s case, SCH and Hoyal have not responded to the remaining count filed against them alleging SCH violated the Missouri Sunshine Law after a series of secret meetings were held by select members of the SCH Board of Directors in August of 2022 – just ahead of Tobler’s abrupt dismissal by SCH BOD President Lori Fulk on August 16, 2022.
The NEMOnews Media Group has submitted requests for comments to Dr. Tobler along with current SCH CEO Dr. Meagan Weber, SCH employee Achim Hoyal, and SCH BOD President Lori Fulk about Judge Roberts’ most recent ruling to dismiss three of the four counts brought by the lawsuit in Case No. 23SE-CC00015.
If any responses are received, the NEMOnews Media Group will publish them in the Memphis Democrat and The Edina Sentinel newspapers.
Click the link below to read Judge Roberts’ full ruling issued on December 12, 2023.
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