A pre-trial is set Wednesday in a man's suit over the botched paternity test he claims denied him more than a decade of time with his child.

Madison County Circuit Judge Dennis Ruth is set to preside over the pre-trial Dec. 15 at 10 a.m.

Plaintiff Gerald Spiller is suing National Legal Laboratories for allegedly botching a paternity test he took in 1997.

The botched results, indicating that Spiller was not the father of a child by Sara Pate, allegedly denied him more than a decade of time raising his child, according to his suit.

Spiller claims that the error was later found in February 2008.

Spiller seeks damages in excess of $50,000 and costs.

Pate also sued the company and the case was taken to federal court.

Pate's suit against the lab and its parent company, Orchid Cellmark Inc. settled.

The parties in the Madison County case agreed in July to mediation.

According to an order signed by Ruth in August, all counsel and the unrepresented parties to the suit are set to appear at the pre-trial.

Randall Steele represents the plaintiff.

Dale Weppner represents the lab.

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

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