Administrator, lawyer, doctor named in lawsuit by former ward w/ link to Emma France vs. Rita Hunter, others

By Susan Redden

sredden@joplinglobe.com

CARTHAGE, Mo. — Rita Hunter, Jasper County public administrator, her attorney and an area physician are named in a lawsuit filed in Jasper County Circuit Court.

The lawsuit, filed Tuesday on behalf of Emma France, formerly of Carthage, stems from actions that made France a ward of the public administrator.

In addition to Hunter, it names John Podleski, the public administrator’s attorney; Crandall and Podleski, his law firm; and Stephen Bazzano, the physician who signed the medical certificate submitted in court action that declared France incapacitated and disabled. The suit seeks judgment of at least $1 million on each of the three counts.

The lawsuit is similar to one filed earlier this year in federal court that was dismissed. A suit filed on behalf of Delores Forste, France’s daughter, was remanded to circuit court.

The lawsuit argues that the petition filed in probate court to make France a ward of the county failed to name her daughter, Forste, as required by state law, and that no notification was sent to Forste or any other relative.

It argues that Hunter and members of her staff on May 15, 2007, took France to Galena, Kan., to be examined by Bazzano, and that the physician signed a blank medical certificate he knew would be used to make France a ward of the public administrator. The lawsuit contends that the medical certificate later was filled in with “a false diagnosis and used to deprive France of her freedom.” Bazzano was questioned earlier by France’s attorney. In a sworn deposition, he said he signed the medical form, but that he did not fill it out and did not know who completed it.

Attempts to reach Bazzano were unsuccessful Wednesday. Messages left at Hunter’s home office and on her cell phone were not returned. A message left with a secretary at Podleski’s office also was not returned. Matthew Miller, Hunter’s attorney, declined to comment.

The lawsuit contends that on April 16 (the hearing actually was May 16, 2007), France was made a ward of the public administrator, and that she was placed in a Carthage hospital by Hunter the next day. It says Forste later came to Carthage and, after a trip, took her mother home with her to California. Then, the suit argues, Hunter and Podleski “caused and instigated kidnapping charges to be filed” against Forste.

Forste, then 67, was arrested in mid-November in California and spent nearly two weeks in jail before being transported to Jasper County.

Hunter has said she followed the law, and that action making France a ward came after she lost a large amount of money to lottery scams. Hunter has said local agencies, including the Missouri Department of Health and Senior Services, were involved in efforts that led to her appointment as guardian.

Hunter’s attorney, in earlier arguments, said France was represented by a court-appointed attorney who said France wanted to be at the hearing but decided it would be better if she were not present.

The lawsuit contends that actions by the three defendants violated France’s constitutional rights of due process and her doctor-patient privilege, and that the hearing making France a county ward was void because it did not comply with requirements of state law. The suit contends that France, as a result of the ruling, lost money, saw her freedom restricted, was hospitalized against her will, and suffered unnecessary medical treatments, mental anguish and stress.

Probate Judge David Mouton set aside the earlier orders making France a ward of the county after a May 7 hearing in which France’s attorney argued that the orders were void because France was not allowed to appear or speak at the guardianship hearing, and because her daughter or other relatives were not notified of the court proceeding in which she was put under county control.