Wrongful death suit against Putnam EMS set for mediation

By Lawrence Smith | Feb 19, 2010

WINFIELD - A wrongful death suit against the Putnam County Emergency Medical Service that was scheduled for trial late last year is now slated for mediation.

Putnam Circuit Judge O.C. "Hobby" Spaulding on Jan. 13 approved an amended scheduling order jointly filed two months before by Charleston attorneys Richard D. Lindsay, and David Schumacher in the case of Angela Wagner vs. the Putnam County Commission. Wagner, as administratrix of the estate of Arthur Ray Baker, alleges paramedics from the EMS squad operated by the Commission, failed to timely, and properly treat Baker in 2006 which resulted in his death from respiratory failure.

The suit, which was filed in August 2008, was scheduled for trial on Dec. 7. However, Spaulding postponed it when both Lindsay and Schumacher asked for a continuance due to an illness requiring extended hospitalization of one of Schumacher's immediate family members.

In addition to a continuance, Lindsay and Schumacher in their joint motion filed on Nov. 18 asked for more time to conduct discovery and depositions as well as attempt mediation. In his order, Spaulding set Thursday, Feb. 25 as the mediation date.

Records show, Huntington attorney John F. Cyrus will serve as mediator.

Should mediation be unsuccessful, the case is scheduled for trial on March 29.

Putnam Circuit Court case number 08-C-245

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