POINT PLEASANT – A Point Pleasant urologist is again a defendant in a lawsuit. Only this time he is being sued for alleged negligence on the highway, and not in the operating room.
In addition to Dr. Danny R. Westmoreland and Frank Meadows, Dr. Shrikant K. Vaidya is defending himself in a civil suit in Mason County Circuit Court. In the suit filed March 9, Sandra K. and Thomas A. Fisher of Gallipolis Ferry allege they were injured in an automobile accident with Vaidya in Gallipolis, Ohio.
"That as a direct and proximate result of the Defendant's negligent and reckless conduct," the Fisher's said in their compliant, "the Plaintiff, Sandra K. Fisher, was caused to suffer great, severe and permanent injuries, including but not limited to her neck and back."
According to court records, the Fishers, both 44, were traveling in their 1998 Buick Park Avenue along Eastern Avenue in Gallipolis on March 12, 2005. Through their attorney Dallas Kayser of the Point Pleasant law firm of Kayser, Clark and Layne, the Fisher's allege Vaidya, driving a 2004 Mercedes 5500 "negligently collided with the rear of [the Fisher's] vehicle."
The Fisher's suit alleges Sandra was not the only one injured. The suit incorporates the same injuries for Thomas as it does Sandra.
Also, the suit alleges that Vaidya is responsible for additional injuries to Thomas.
"As a direct and proximate result of injuries to his wife, Sandra K. Fisher, this Plaintiff also incurred loss of household services, security and consortium with his wife in the past, present and future," the Fishers allege in their complaint.
Recusal of judge possible
Currently, the case is before Mason Circuit Judge David W. Nibert.
However, Nibert recused himself from Westmoreland's suit against Vaidya citing his "social contacts" with Westmoreland, and Vaidya's standing in the community.
After Judge Thomas C. Evans also recused himself, the state Supreme Court appointed Kanawha County Judge Tod J. Kaufman to hear the case. On October 26, Kaufman dismissed the suit.
Westmoreland is appealing Kaufman's ruling.
Also, prior to his election to judge in 2000, Nibert was Meadows' attorney in his suit against Vaidya. Despite seven years of inactivity, court records show the case remains open.