OGDEN aEU" A three-year-old lawsuit against the hospital where one of the plaintiffs remains in a coma has been scheduled for its first day in court.
Jorge Godinez has been comatose since July 10, 2005, after he was brought by ambulance to McKay-Dee Hospital Center for treatment of injuries incurred jumping through a window while in a paranoid state.
He and his wife, Camelia, are the listed plaintiffs in the lawsuit filed in April 2006 that claims rough handling by four McKay-Dee security guards that night landed Godinez in a coma.
McKay-Dee has footed the bill ever since for GodinezaEU(tm) care, estimated to cost $1,000 a day.
Earlier this month, oral arguments were scheduled by 2nd District Judge Michael DiReda for Jan. 29 on complicated issues around GodinezaEU(tm) identity.
Lawyers for McKay-Dee and parent company Intermountain Healthcare seek dismissal of the suit based on claims GodinezaEU(tm)s lawyers have not clearly established his identity.
The defendantsaEU(tm) lawyers argue in their motions that Godinez has not met the burden of proof required under rules of evidence aEUoeto establish the identities of the parties, and therefore, the real parties in interest.
aEUoeThis failure has prejudiced defendants in conducting discovery, asserting defenses, and preparing for trial.aEU
The claims about the identity of Godinez are merely a ploy to create bias against their client as an illegal alien, argue GodinezaEU(tm)s lawyers, the Ogden firm of Hasenyager and Summerill.
aEUoeIf defendants truly wanted to demonstrate that Jorge, Camelia, and their (3) children are not the real parties in interest, they could easily do so through either blood or DNA testing among the plaintiffs and their heirs,aEU Peter Summerill wrote in a reply to defendantsaEU(tm) motion for summary judgment.
The defendants, which include four security guards and an ER doctor, as well as McKay-Dee and Intermountain Healthcare, already have GodinezaEU(tm) birth certificate, marriage certificate, and birth certificates of his children, the court document states, and have taken his fingerprints aEUoeDefendants only discovery complaint at this juncture is that they do not have Jorge GodinezaEU(tm) Mexican Voting Card.aEU
DefendantsaEU(tm) lawyers, of the Salt Lake City law firm of Richards, Brandt, Miller & Nelson, state that Godinez, a native of Michoacan, Mexico, also has gone by the names Salvador Razo and Jose Razo, and they have located nine different dates of birth, most from 1971 to 1977 plus one in 1985, tied to the three names in U.S. public documents.
On the night of July 10, 2005, Ogden police twice encountered Godinez in homes not his own, fleeing aEUoemen with guns,aEU as he told police.
In the second encounter, officers found him with a leg injury from jumping though a window in his still-delusional state, which the defense claims was the result of methamphetamine use.
At the hospital, the 240-pound Godinez scuffled with security guards who restrained him prone to the floor, according to the suit, which alleges the guardsaEU(tm) behavior induced the coma. In his years on life support since, GodinezaEU(tm) weight has dropped more than 80 pounds.
In a bid to have the officers and paramedics added to a jury verdict form, defendantsaEU(tm) lawyers have filed aEUoeallocations of faultaEU against Ogden police and paramedics.
The city could become liable if the allocations succeed. Hasenyager and Summerill, however, donaEU(tm)t name them as defendants.