The City of Granite City amended its answer to a lawsuit accusing it of negligence saying the city is not liable for an incident with one of its officers.
According to the complaint filed in January, plaintiff Shannon Walsh Jr. claims Klumpp failed to get medical attention for the plaintiff’s father, Shannon Walsh Sr., who suffered a cardiac arrhythmia, stopped breathing and talking and was unable to sit or walk while in the back of a patrol car.
The suit continues to allege that Klumpp pulled the elder Walsh form his car, dragged him by his arms into the police station and left him on the floor rather than immediately addressing his medical needs.
Walsh Sr. was allegedly on the floor for about six minutes before paramedics were called to transport him to Gateway Regional Medical Center. He allegedly lost all neurological function due to lack of oxygen and was removed from life support on Christmas Eve 2012, the suit states.
The City filed an amended answer to the plaintiff’s first amended complaint through attorney Ronald A. Roth of Roth Law Offices in Granite City to include additional affirmative defenses. The amended answer states that Klumpp had “no duty to render first aid” and that the improper acts alleged in the plaintiff’s complaint are discretionary acts rather than ministerial acts, giving the defendants tort immunity.
Klumpp filed a request to admit through attorney Jane Unsell of Unsell, Schattnik & Phillips in Wood River on Oct. 21.
He wanted the plaintiff to admit that the submitted medical records from Aug. 6, 2003 through January 1, 2011 from Dr. Robert Blankenship are a genuine copy of the records. The plaintiff responded on Oct. 29 admitting that the records are genuine.
Circuit Judge Dennis Ruth scheduled a case management conference for Dec. 18.
Alton attorney Lanny Darr represents Walsh.
Madison County Circuit Court case number 13-L-70