Glasgow Daily Times, Glasgow, KY

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June 19, 2013

Hospital moves to dismiss lawsuit

GLASGOW — T.J. Samson Community Hospital has made a motion to dismiss with prejudice a petition for declaration of rights for a new hospital board of trustees that was filed in Barren Circuit Court earlier this month against the hospital.

The petition for rights was brought against T.J. Samson on June 6 by a group of six people who are making a case for their right to be the new board of trustees overseeing T.J. Samson Community Hospital. In the 1920s when the local hospital opened, people who contributed more than $25 to the hospital were given the right to vote for a board of trustees. In 1968, the hospital’s articles of incorporation were rewritten to give the hospital a self-perpetuating board of trustees. Descendants of those original donors, generally referred to as “stockholders,” joined together in May 2013 to purportedly reclaim their ancestors’ right to vote for T.J. Samson board members. Those elected during a May 25, 2013, vote for a new board of trustees for T.J. Samson included D.T. Froedge, Wendell Honeycutt, Randall Curry, Dwayne Hatcher, Curtis Peil and Lyon Hutcherson. Hutcherson has since said he did not know he was elected to the board, and has no desire to serve on the board.

The board of trustees elected May 25 is “no more than a fictional entity,” according to hospital attorney Jefferson H. Herbert in his motion for dismissal.

 

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