Man's suit over botched paternity test in court

Amelia Flood Jun. 22, 2010, 10:14am


A case management conference is set June 30 in a Madison County suit over a botched paternity test.

Plaintiff Gerald Spiller is suing National Legal Laboratories for allegedly contaminating a paternity test he took that would have established his paternity of the child of Sara Pate.

The test, administered and processed in 1997, wrongly came back negative.

Spiller contends that he then had no contact with his child for 11 years until the error came to light in February 2008.

Spiller filed suit in June 2008.

Pate filed a separate suit against National Legal and its parent company, Orchid Cellmark Inc.

Spiller's suit seeks damages of at least $50,000 and costs.

Pate's suit was removed to federal court and settled earlier this year.

The defendant moved to have the Spiller suit's May trial date pushed off, citing its pre-occupation with the Pate suit in federal court.

Madison County Circuit Judge Andy Matoesian had presided over the Spiller case until April 17.

Matoesian recused himself from the case for unspecified reasons.

Spiller is represented by Randall Steele.

National Legal is represented by Dale Weppner.

The conference is set June 30 at 9 a.m.

Madison County Circuit Judge Dennis Ruth presides.

The case is Madison case number 08-L-519.

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