Case over botched paternity test set for case management Wednesday

Amelia Flood Aug. 24, 2010, 4:13am


A case brought by a man who claims a laboratory failed to follow procedures and botched a paternity test more than a decade ago is set for case management on Wednesday.

The parties in the suit, brought by Gerald Spiller, have agreed to mediation.

There is no indication currently in the case file as to the status of that mediation.

Spiller is suing National Legal Laboratories.

Spiller's suit is the first of two that were filed over a paternity test processed by the lab in 1997.

The case management conference is set for 9 a.m.

Due to what Spiller claims were errors, the test he took came back showing he was not the father a child by Sara Pate.

The error came to light in February 2008.

Spiller then filed suit seeking more than $50,000 in damages per count.

Pate also filed suit against the lab and its parent company.

After the Pate case went to federal court, the parties announced it had settled.

Spiller and the defendant agreed to mediation in June 30.

Madison County Circuit Judge Dennis Ruth presides.

Spiller is represented by Randall Steele.

The defendants are represented by Dale Weppner.

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

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