Dr. Grady Fuller Loses Court Case

Dr. Grady Fuller lost his lawsuit against the city of Monticello, and Jasper County was removed as a party to the suit, when it was heard in Jasper Superior Court during Tuesday’s motion day, with Judge William A. Prior, Jr., presiding.

The suit was originally filed by Dr. Fuller after County Inspector Ken Baldwin would not approve turning on the power in Dr. Fuller’s house on Hilton Street, citing non compliance with the electrical code.

Attorney Tom Bowman, representing the county, argued that the case did not involve the county, even though the County Inspector was employed by and paid by the county, but that in this particular case he was acting as an agent for the city.

Judge Prior agreed and denied the plaintiff’s motion to include the county in the suit, releasing the county from any responsibility.
Inspector Baldwin took the witness stand for the city and explained that he was called to the house by an electrician to inspect and approve, which he couldn’t do because the control panel was over a stairwell, and was not six and one-half feet from the floor, as the code required, and needed to be moved.

Timothy Lam, attorney for the plaintiff, cross examined Inspector Baldwin and asked him if he could show him anywhere in any electrical code book where it said a control box could not be over a stairwell. Inspector Baldwin answered that he could not, and was dismissed.

Dr. Fuller took the stand and testified that his electrician informed him that if he raised the control box to the required height the inspector still would not approve it because it was over a stairwell rather that an even floor, and would have to be relocated on a wall that was actually in his den. He further testified that he would gladly raise the box to the required height in its present location over the stairwell if he could get assurance that his power would then be turned on.

Mr. Lam then introduced an expert witness who testified that no code book in the state stipulated that an electrical code box had to be over an even floor and could not be over a stairwell.

Mr. Lam then summed up by pointing out that Inspector Bald-win’s refusal to turn on the power was based on an opinion and not facts, and asked for a ruling in his client’s favor along with court costs and attorney’s fees.
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The city’s attorney stated that since the plaintiff had not as yet moved the control box to the required six and one-half feet, regardless of the question about the stair well, he was not in compliance when he came to court.

Judge Prior agreed with the attorney and denied Dr. Fuller’s petition and attorney fees.

In another case, Janet Herrington won an appeal by Jasper Memorial Hospital & Allied Claims Administration, Inc., concerning her workers compensation benefits.

Ms. Herrington’s physician certified her to be totally disabled entitling her to a weekly check through Workers Compensation. The hospital disagreed and contended the doctor was wrong.

Approximately eight months ago a judge issued a determination that Ms. Herrington was in fact disabled, and that the hospital had to pay her a weekly benefit check and 25 percent over and above attorney fees.

That decision was appealed to the State Board of Workers Compensation and a hearing was held last December, at which the board agreed the judge’s decision was correct and left his decision in place.

The hospital then appealed to the Superior Court and Judge Prior upheld the decision that Ms. Herrington was in fact disabled and entitled to workers compensation.

According to Ms. Herrington’s attorney, David M. Cusson of Macon, the hospital has 20 days to appeal Judge Prior’s decision. Mr. Cusson said, “I don’t expect another appeal. The judge made the evidence pretty clear today and Ms. Herrington should be receiving payment retroactively to her disability date shortly after the 20 day period.”

There were also several criminal motions on the calendar with results as follows:

·Brian Keith Maxwell pled guilty to theft by taking, a felony, and was sentenced to serve two years confinement with credit for time served.

·Charles Bradley Goen pled guilty to theft by deception, and was sentenced to 12 months probation under special conditions.

·Nicholas Dale Pierce had his probation revoked, and was sentenced to three years confinement.

·William D. Standifer had his probation revoked, and was sentenced to five years confinement.

·Labarron Farrar had his probation revoked, and was sentenced to four months confinement.

·Dwayne Marcel Brown had his probation revised to extend through 7-28-09.

·Kenny Leon Strickland, Jr., his probation modified to include 60 to 120 days confinement before reverting to original probation.