The Clinton Herald, Clinton, Iowa

August 30, 2013

Lawsuit against attorney over EMS billing moved to Scott County

By Katie Dahlstrom Assistant Editor
The Clinton Herald

---- — CLINTON — The city of Clinton’s lawsuit against its attorney in the EMS billing case is headed for trial, but not in Clinton County.

This week Clinton County District Court judge Nancy Tabor granted a request for a change of venue, moving the city’s case against Michael Walker to Scott County.

Attorneys representing the city in the case filed a motion resisting the change of venue last week, but their efforts did not prevail.

A 12-day trial was scheduled to start in Clinton County on Sept. 30 with a pre-trial conference lined up for Sept. 6.

Walker’s attorneys did not return the Clinton Herald’s request for comment. City Attorney Jeff Farwell also did not respond.

The city is suing Walker, a Davenport attorney, for legal malpractice, alleging that Walker negligently failed to properly and adequately analyze a 2010 Emergency Medical Services billing lawsuit.

As a result of this alleged negligence, the city entered into a settlement agreement with the U.S. Department of Justice and whistleblower Timothy Schultheis, a former firefighter, ordering the city to pay $4.5 million over the course of 10 years.