Bench Trial Date Set in Sunshine Lawsuit Against Hospital
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By Echo Menges
First Circuit Presiding Judge Rick Roberts has set a date for a Bench Trial to take place in the lawsuit brought by Dr. Randall Tobler against the Scotland County Hospital in Case No. 23SE-CC00015.
The Bench Trial is scheduled to be held in the Scotland County Courtroom on Monday, September 23, 2024, at 9:00 a.m. The plaintiff and defendant, along with their counsel, are expected to be in court in person in contrast to their usual hearing attendance via the court video system, WebEx.
During a hearing held last week, on Wednesday, June 5, 2024, Judge Roberts scheduled the trial, scheduled a motion hearing to address a motion to dismiss the case filed by the hospital on June 4, and excused hospital employee Achim Hoyal and his counsel from having to attend the Bench Trial as the counts involving Hoyal were dismissed earlier in the case proceedings.
The one remaining count, alleged violations of the Missouri Sunshine Law by the SCH Board of Directors, stands as the basis of the lawsuit.
The recently filed motion to dismiss the case by the hospital will be taken up on Wednesday, August 7, at 9:00 a.m. before Judge Roberts. If the motion to dismiss the case is not granted by Judge Roberts, the Bench Trial will be heard and decided by the Judge.
A Scotland County Jury will not be seated to hear the case.
