NEW PHILADELPHIA, OHIO – The Fifth District Court of Appeals has affirmed the dismissal of the $15 million lawsuit filed against former officials at Twin City Hospital in Dennison. On November 15, 2013, Judge H.F. Inderlied, sitting by assignment, entered judgment in favor of the former officials, dismissing all claims. On Wednesday, the Court of Appeals affirmed the dismissal in a written opinion authored by Judge John G. Wise.
The lawsuit was filed in the Tuscarawas County Court of Common Pleas by the bankruptcy trustee of Twin City Hospital, and sought money to pay creditors. The hospital filed for bankruptcy in 2010, following the onset of the recession. The hospital was sold in 2011. It is now operating as Trinity Hospital Twin City.
The former board members were represented by Attorneys Lee. E. Plakas, David L. Dingwell, Edmond J. Mack, and Joshua E. O’Farrell of the Canton law firm of Tzangas Plakas Mannos Ltd. Attorney Dingwell argued the case before the appellate court on behalf of the board members.
“We are very pleased with the Court of Appeals’ well-reasoned decision. These board members took their obligations to the Hospital very seriously, and approved the hospital expansion only after serious, deliberate consideration,” said Attorney Mack. “All of the financial and hospital project experts consulted by the board members confirmed that this project was in the best interests of the community.”
Attorney Dingwell said, “The Court’s ruling reaffirms the protections granted by law to volunteer board members of non-profit organizations, like these individuals. They donated tens of thousands of dollars of their own personal money to help this project because they believed in it. This group of people invested the time and money that they did in order to try to enrich and improve a community institution. To be second-guessed as a result of the effects of the Great Recession was frustrating for all of them. However, this decision vindicates all of their hard work, dedication, and efforts to save a community resource like Twin City Hospital.”
CONTACT: Lee E. Plakas, Managing Partner Attorney – Canton (330) 455-6112; David L. Dingwell, Partner Attorney – Canton (330) 455-6112; Edmond J. Mack, Partner Attorney – Canton (330) 455-6112; Joshua E. O’Farrell, Attorney – Canton (330) 455-6112