Plaintiff dismisses last two defendants in wrongful death suit set for trial Monday

Amelia Flood Apr. 8, 2010, 8:49am

The last two defendants in a man's suit over his wife's cancer death in 2003 are out of the Madison County suit.

Plaintiff Ronald Pruitt dismissed both Dr. Robert Lutan and Riverbend Physicians & Surgeons from his suit on March 24.

They joined two other defendants, Dr. James Reid and Boyd Fillager Clinic, who were dismissed without prejudice in October 2009.

Ronald Pruitt sued the four for allegedly failing to diagnose his wife Diana Pruitt's cancer in 2001.

The case had been set for trial Monday at 9 a.m.

According to his complaint, Diana Pruitt went to Lutan, her primary doctor, in February 2001 complaining of pain in her chest.

According to the complaint, Lutan and the other defendants failed to diagnose cancer, failed to order tests like X-rays, failed to investigate her history of smoking and failed to assess her cancer risk.

The suit sought damages in excess of $50,000 and costs for each of the suit's more than 10 counts.

The case went through mediation and Madison County Associate Judge Steve Stobbs was assigned as mediator. Stobbs recused himself due to his past representation of one of the parties.

Former Madison County Circuit Judge P.J. O'Neill then served as mediator.

While the case remained set for trial against Lutan and Riverbend in February, Ronald Pruitt dismissed both without prejudice a month later.

The plaintiff was represented by John Webster.

Lutan and Riverbend were represented by James Neville and Matthew Zittel.

The Boyd clinic and Reid were represented by Jeffrey Glass.

Madison County Circuit Judge Barbara Crowder presided.

The case is Madison case number 05-L-002.

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