Published: June 26, 2009 09:47 am      

Trial dates set in two civil cases

CLINTON — Trial dates have been set for two civil lawsuits filed in Clinton County District Court.

The parents of DeWitt teen Marshall Roberts, who was killed in a van accident 10 years ago, are suing an insurance company as they seek damages in connection with their son's death. The trial is set to begin 9 a.m. Feb. 8, 2010, with a settlement conference slated for 10:30 a.m. Jan. 8, 2010.

In the lawsuit filed in February, Albert and Deanna Roberts, who are administrators of their late son’s estate, are suing Iowa Mutual Insurance Company and are seeking a jury trial.

Marshall was a passenger in a vehicle that was being driven by Jeremy Holmes, of Clinton, near Janesville, Wis., on March 25, 1999. Holmes was attempting to switch places with another passenger when they lost control of the vehicle and the vehicle barrel rolled several times, killing seven people and injuring five. They were working for a company selling magazine subscriptions.

At the time of the accident, Albert and Deanna Roberts were insured by Iowa Mutual Insurance Co. for bodily injuries caused by the fault of an owner or operator of an underinsured motor vehicle. In the lawsuit, they state that Jeremy Holmes was the owner or operator of an underinsured motor vehicle and that as a direct result of Holmes’s negligence, careless and reckless conduct, Marshall Roberts incurred expenses and experience pain and suffering mental anguish and loss of future earning capacity. The couple state that as the parents, they also incurred expenses on behalf of their child and they have a claim for loss of society and companionship and for the loss of value to his estate.

They state that Holmes is legally liable for the teen's bodily injuries and the couple’s damages. While the Robertses had settled with Holmes for the policy limits of his insurance policy, they say their damages exceed the amount of the recovery from Holmes.

The couple state they are entitled to recover from Iowa Mutual Insurance Co. the amount by which their damages exceeded the policy limits of Holmes up to their policy limits of $100,000.

Also set is a trial dated concerning a lawsuit filed by the husband and children of a Clinton woman who are suing three local medical facilities and three doctors, claiming they all played a role in her premature death.

Robert Mowery Jr., as administrator to the estate of Connie Mowery, and Connie Mowery’s children, Trina Holman, Dewayne Patterson and Starlena Patterson, are suing Drs. Jeffrey Hallman, Joseph Monahan III and Oduah Daniel Osaro, Medical Associates, Mercy Medical Center-Clinton and Clinton Urgent Care.

The lawsuit was filed in February. That trial is set to start at 9 a.m. June 7, 2010. A settlement conference is scheduled for 1L:30 p.m. May 6, 2010.

According to court documents, Connie Mowery died March 21, 2007, six days after Hallman, a radiologist, interpreted imaging files of her left knee. At that time, Mowery had gone to Mercy’s emergency room with significant left knee pain and a history of arthritis. She told the medical staff that she had been sick for the past couple of days with body aches, chills and vomiting. Court documents state that even though her blood work came back with a very high white blood count, she was not admitted to the hospital but released to go home with instructions to see her family physician.

On Friday, March 16, 2007, she went to see Osaro, her family physician. The lawsuit claims that she was turned away by Osaro’s office because of an alleged unpaid medical bill.

She went to Medical Associates on March 19, 2007. While there, Mowery had a neurological event and was rushed to Mercy Medical Center then transferred to the University of Iowa Hospitals and Clinics for further treatment. She remained there until her death.