A group of area residents who believe they should be recognized as the legal board of trustees for T.J. Samson Community Hospital will have to rework the petition filed in Barren Circuit Court with a different plaintiff, according to a ruling by the special judge in the case.
Hardin Circuit Court Judge Ken Howard determined in a hearing Wednesday in Barren Circuit Court that the the plaintiff in the case as it was originally filed – the challenging group, listed as “Board of Trustees of T.J. Samson Community Hospital, formerly known as The Community Hospital” in its lawsuit – does not have the capacity to continue the challenge, because, as such, it does not meet the definition of who can "maintain" a lawsuit.
He gave the group 10 days to file an amended version of its petition to address the issue.
During the hearing, the judge also agreed to allow Wendell Honeycutt as an individual to intervene as a party in the lawsuit, and he added T.J. Regional Health, the hospital's parent company, as a party as well. Honeycutt is one of the members of the challenging board and a descendant of two of the original stock subscribers who contributed to the establishment of the hospital. He is also a member of the Glasgow City Council.
The judge is still considering whether a statute of limitations applies. He has set a deadline for attorneys on both sides to provide their physical evidence to the other, to provide a list of witnesses they would realistically expect to call and a list of items that would be presented as exhibits.
The next court date is for an evidentiary hearing on Sept. 27.