Gazette News-Current from Xenia, Ohio • Page 11

Gardner sues for $1.5 million GREENE MEMORIAL Hospital five members of its board of trustees and the hospital administrator are defendants in a suit filed in US. District Court, Dayton, yesterday afternoon in behalf of a Xenja physician whose hospital staff privileges were suspended earlfer this year. In addition to punitive damages of $1 million and compensatory damages of $500,000, Dr. Cary B. Gardner, resident of 467 Wilson asks the court to: --Issue a preliminary injunction requiring restoration of his full medical staff privileges anc corporate membership in GMH to restrain the defendants from interfering with his medical privileges in the hospital ant to finally make permanent; --Award him costs of the le- Dr.

Gardner without cause or valid authorization and in violation of the bylaws of the medical staff; --Such investigation was made without prior notice to or knowledge of Dr. Gardner and was conducted in an "arbitrary, invidious and discrimi nalory manner designed to impugn the reputation" of Dr. Gardner; --The practices of no other physician at GMH were so investigated or scrutinized; --On Feb. 10, Dr. Gardner's staff medical privileges a i membership in the hospital cor poralion were indefinitely sus ponded for alleged disruptive activities, without specifics lion; gal action, including full a reasonable attorney fees; --Award him any other relief the court may find appropriate.

DR. GARDNER is represented in the federal court action bv the injunction, An ad hoc judidal eview committee, selected for hearing of Dr. Gardner's ap the Dayton law firm of Snyder and Parks. Individual! defendants in the action are GMH Administrator Herman Menapace and GMH Trustees Willard G. Thuma, Abler J.

Earley, Dr. Vivian Lewis, James C. McMillan Sr. and Joseph Eavey. The suit alleges the defendants, "acting separately and in conspiracy under color of law," have effectively precluded Dr.

Gardner from practicing his profession by imposing a permanent suspension of hospital staff privileges an action Dr. Gardner alleges was lakcn In such a manner as to deprive him of due process, equal protection and equal privileges anci immunities under the U.S. Constitution. Dr. Gardner alleges his loss of staff privileges has resulted in mental anguish, a loss of professional and personal reputation and a loss of earnings "of approximately $80,000 on a He of peal of his suspension, a chosen "in an arbitrary, con spiralorial and discriminatory manner" by certain defendants on the hospilalls board of trust ees who had previously vole' for the indefinite suspension ofi area news Page 11--Thursday, November 8, 1973 MAYOR'S JOB TO BRADSHAW RESULTS of the voting in! votes, including nine via a Tuesday's four candidate race for Jamestown mayor, write-in aspect of which could not be determined precisely yesterday, were announced today at the Board of Elections office.

Virgil D. Bradshaw palled 155 senlee ballots. WANDA L. Fitzpatrick, the other, write in candidate, received only four votes at the polls Tuesday. She received no absentee votes, votes, including one vole i a Seven Greene County school Dr.

Gardner's staff ballot, to win i i extent! into 22, voted to continue the indefinite suspension, contrary to the findings and recommendations of.the ad hoc judicial review committee; --On April 9, trustees permanently suspended Dr. Gard- --Hospital trustees, on mayor's race. Runner up is William Harden, the village mayor i August, i 14.1 141 write- in votes Tuesday and two absentee voles. Willard G. Thuma, name appeared with Brad County firemen elect officers projected annual basis." further alleges the loss earnings i continue and claims he has been unable to obtain medical staff privileges ner's privileges "in contra- shaw's on the ballot, got 137 vention the findings and fee- ommendalions" of the ad hocj committee after permitting Gardner only five minutes to present his position; --The charter, code ot regulations and bylaws of the medical staff of the hospital do not meet the requirements ot duo process of law in respect lo suspension or revocation of medical staff privileges in that the elements of notice of pending charges and the right to a full, fair, evidentiary hearing arc not provided for prior lo imposition of suspension or revocation and for other alleged shortcomings; --The individually named defendants, "by unfair, preju dicial and disparaging state' counties, so small sections of; these counties voted in board of education Tuesday.

The Board of Elections yesterday received reports on so- called "overlap" voting, but aj staff member said today none; had any effect on results. i Greene Memorial Hospital's bright, attractive new dining room opened yesterday, marking completion of one phase of the hospital's $7.5 million renovation and construction program. Seating is available for 180 in the basement facility and two meals will be served daily to patients' hospital employes and medical a lunch from noon to 1:30 and dinner, 5 to 6 p.m.--(Gazette Photo). Greene County Firemen's Association met at Xenia Station No. 1 last night and elected officers for 1974.

They are: Keith Hawkins, Xenia Twp. Station No. 1, president; James Lairson, chief Greene County Rescue, vice president; Claude Jenkins, Central State University, secretary, and Arthur Fulkner, Bow- Court denies pleas Common Pleas Judge Dan M. Aullman yesterday n- Association tenccd a Xenia youth to Mans- of Fire Chiefs meeting in Bal-1 field Reformatory and denied speclively, reported on a re- Services to result from levy passage i I 1 win ut; timore, Md. applications for release tindery executive dill was announced that the shock law by bwo men he reclor (he Greelle Greene County Fire Chiefs senle a mon lhs Mental Health and Retardation Association will host the Central Western Fire Chiefs Association meeting March 9 in Fairborn.

Speaker was James Miller, Aultman imposed a l-lo-7- year sentence on Kenneth W. Finlay, 18, of 400 Winding Amlui His. Finlay Oct. 3 pleaded Thanks to Tuesday's passage! mated $815,208 yearly for five of the additional two mill levy years starting in 1974. by county voters, existing ser- "There are seven things we vices anil facilities for Ihejdefinitely plan lo do now," retarded and emotional-! said, disturbed will be Included are the formation of a residential home for the retarded and an expanded and ersv'ille Jefferson Yw p.

I equal employment opporluni- to a grand jury indictment at any other hospital in menls and actions a fire department, treasurer. In other action, John Troe- greater Dayton area. The claim for damages is based on the following allegations: --Certain Individually named defendants conspired to investi- contaminated the proceedings relating to the permanent suspension of Dr. Gardner's staff privileges" and have resulledj in his loss of professional andi personal reputation and medi-1 gate the medical practices of cal'business. ties officer at Wright Patterson AF Base, who spoke on re- ger and Charles Rule, Xenia lating to minority groups and Fairborn fire chiefs, re- the courts Second District County Court STATE CASES Fines and costs Thaddeus Smith.

24. Xenia. drunken driving $350. three days in Jail and 00 days and David L. life squad XENIA Guests at the meeting were.

Xenia Twp. trustees. The next, meeting is set for Dec. 5 at Xenia Twp. tion No.

2. Sta- both of a i a 1226 Ironwnod Takrnorj Carmen C. Ordanik vs. Gregory bnlh 27 N. Pleasant Fair- horn.

Gale IX Daylon, vs. Kodney New Knoxville. Loy Jones 2193 Zink Fair, vs. Bavbara. Dayton.

Naomi J. Sexton. 15 E. Unlttwrg Dursilla Collins, 755 taken from 1289 Kylemore ffey.ioids, both 0 Greene Memorial Hospital at 11:44 p.m. yesterday, treated and released.

Fairborn. vs. Charles, 2W6 Beaver Valley Fairborn. ALIMONY SOUC.HT license suspension, Powers, 70. Sablna, reckless operation reduced from drunken driv- InS.

$50 and 60 days license suspcn- ic vs nancy, both Blon. 1 37.13 Butternut Fairborn. CIVIL CASES Judgments: Glenna Lavvson. administratrix of the Jacob Wade estate, i860 June against Daniel and. Dixie Fulton! 103 E.

Main Spring Valley; forcible entry and detainer. charging possession of stolen property and the case was referred lo the Adult Probation Department for pre sentence investigation. One unsuccessful applicant for release, from imprisonment under the "shock law" a (648) Board said today. The levy will raise an esti- improved Crisis Center "We also plan a halfway house or foster care facility for Bath Twp. rezoning OKd Bath Twp.

trustees last night approved a rezoning request from Dr. Michael Horton a would change a plat on Dayton- Yellow Springs east of Byron from agricultural to Common Picas DIVORCES GRANTED Diana M. Boltorlf from Daniel K. Ada Srvyder from Clarence A. Betty L.

a from Glenn Anna Palmer Jesse D. SUITS DISMISSED NEW SUITS Ohio Department of Transportation vs. Clarence and Shirley E. Hull, 42.18 Indian Ripple Bea- vercrcek appropriations suit offers for .459 acre and easement -needed for Interstale 676. United Savings anri Loan Association.

Toledo, vs. Honald C. and Cora A. Steck, 1766 Gaytiart $15.012.77, a note. Charles and Delorcs Coatcs.

355 Amsterdam vs. Crown Builders Dayton: $7.820, alleged unfulfilled contract for home construction. Midland Guardian Cincln naH, Model Mobile Home Park, 4809 Kllrtdge Fairborn; possession of mobile home. FranWin Savings Bank o( Voifc, Brooklyn, vs. Becctier Susan A.

Collins. 105 Fairborn: promts tori'. Midland Guardian Co. vs. Mod- Trailer Park.

National Homes Acceptance Corp. LoRoy E. and Sharon L. Han- "f-'cderal National Mortgage Asso. cialion vs.

Harold L. Smith and nth. 'Calherine J. Turner vs. Kay O.

I M. Combe William Carol A. HanrMl vs. Dennis M. TUDOMENTS County Treasurer Joseph A.

Fin- Inst Clarence E. FAIRBORN Linda Quillen, 651 June, removed to GMH at 1:21 p.m. yesterday, admitted and in fair condition. At 1:42 p.m., Lucy G. Stackman, 11 Perrin taken to GMH, treated and released.

Charles H. Seifer, Fairborn Nursing Home, E. Dayton taken to GMH at 10:36 p.m., admitted and in serious condition. No qiiprmn, no action by Chamber A PROPOSED amendment to the Xenia Area Chamber of Commerce constitution went unacted upon last night at the Xenia Golf Club due to lack of a quorum. The amendment would have changed the procedure for selecting the annual recipients of the Torrence Award for Community Service.

A five member committee would have been set up under the amendment as opposed to the present method which has past recipients doing the selecting. The new committee woulc have had representatives from; Raymond L. Stinson, 40-year- highway business. Dr. Horloti has proposed a veterinary clin- old Xenian with no permanent address for several months.

He was convicted after a July jury trial on two charges ic for the site. Trustees ordered a speed per hour and residents haw complained that the street is be coming a drag strip. The stud may result in a lowering of th speed limit, according lo CIcr Alice Mae Bagford. Trustees also signed two reso lulions granting easements Fairborn along Medway Rd. to installation of a water line.

As sistant County Engineer Richar current speed irmit is 50 miles with a larger size to relieve standing water problem durin times of heavy rains. co study done on Ravenwood which! Eastman advised trustees to re assault with a dangerous weap- connects Col. Glenn Hwy. lo Oldjquest that the engmeeer to on and malicious destruction of Dayton-Yellow Springs Rd. Thojplace tile on communications equipment (s telephone) and Judge Aultman imposed concurrent sentences 1 to 7 years for the I assault count and 1 to 20 yearsj on the destruction charge.

Aullman also denied "shock law" release plea of Bynum F. Howard, 24, Daylon. who pleaded guilty in May to an unarmed robbery charge. He received a l-lo-25 year prison sentence. AF colonel is director of project Yule fruit sale opens the board as well as cipients.

and her as ar de unq ent Rucker, Day ton, has been i s' missed by Firsl District County Judge J. Gordon Rudd. The judge ruled "no cause for search" in'making his decision. Rucker was arrested Oct. 22 at US 35 and Grange Hall Rd.

by sheriff's deputies. Dismissal of case ordered i inn nf' lection and forego any amend A charge of PTMon of inniiiana against James t'. past re-j nlon( Credit card fraud denied VERA G. OLfNGER, 22, Rich- XENIA KIWAN1S Club th week started its annual Chris AIR FORCE Col. John sale of citrus fruit, Blakelock, Yellow Springs, has cording to Bob Kurtz, proje been named director of the uni- by Xenia chairman.

versify dual degree engineer- Sold are $5.50 boxes of Flo i program co-sponsored by Ma oranges or grapefruit co Wilberforce University and the taming 80 oranges or 32 grap Universiy of Dayton. i Members will deliver The program is designed anywhere in Gree engineers at the for an additional I police with fraudulent use of i I credit card, pleaded innocent i ONE SUGGESTION a to his morni Munici I have the board handle the pat co ur s. C. A. Grieve and Ken- rale of 50 a year in an all to overcome a shortage Cl of cents.

eased mental patients resid- in Greene County," a I ntinued. Also in the works will be ex- nded home visiting ces to the county's aged and diagnostic services for lildren with emotional prob- ms. 'We are now planning an ed- calional program tor the peo- le who deal with emotional roblems before the doctors ee.thevn. These include policemen, firemen and nurses. "And finally, we hope.to em- loy community psychiatrist in an outpatient basis avail to all county resideiv.i a'.

charge," Neal saiii. They also may be picked up Events atWV This veekcnd concludes Black Week at Wilbsrforce Univcrsily. sponsored by the student Government Association and the Of- ice of Student Activities. The heme of the week has been 'Save Our Tonight, Freedom Theater, composed of ex convicts, will present excerpts from "Through the Depths of Darkness," dealing with conditions In America's prisons and weaknesses in the prfson system. The presentation will be in Jones Auditorium, Shorter Hall, at 8 p.m.

At 9 p.m. tomorrow, also In Jones Hall, Cannonball Adderly, noted jazz musician, will appear in concert at a $2 charge for students and S3 for non-students. Poet Nikki Giovanni, one of the foremost black poets in the marijuana against James Greene Commission acaliiit Edwin L. and Ella S. Slat- ford; 51,500.

agreed price lor land needed fnr Beavercrcek Twp. sam- David TJ. Purdom find others against Edward A. BeUnmy a rl others: JIO.TO1.6G. alleged due on real estate sale contract.

Land Mortgages Inc. against Milton L. and Helen M. Watson; mortgage note. I originally been the procedure.

Banking hours were also discussed last night and it was decided to further the discussion in two weeks with bank officials, board members and representatives of the retail division present. mvoRCES SOUGHT Roeer D. Henderson, 3955 Grove vs. Lanna 011 M. Richardson, Dayton.

vs. Ronald 41 White Oafc Robert DeFelYce, 320.1 Claydor Beavercreek vs. Sally Perrysnurg, O. Diana K. Brunner, Land, mark Fairborn, vs.

James .1026 Lansdale Fairborn. Helen L. HaUleld. 3102 Spring- (leld vs. Tennis Mlddle- Junelce Hclterbran vs.

Robert A. THE XENI WANT ADS 372-4444 426-6444 Elsewhere Federal conrl: Bankruptcy filed by Rex Hicks, Fairlrarn. assets $.175. debts $1,084. rroliate Courl: Marriage applications by Da I.anU, Daylon, and Jonna Lisa Marderosian, Fieavercreek: Hodfier L.

Soulhwnrth, Bayton, and Marlis Barbour. Fairtiorn. Municipal: Fine and costs Roger A. Britl. gelt.

Yellow Springs, drunken driving, $250, three days in jail and one year license suspension. HEARING SET ON DEATHS CHARLESTON, W. Va. (AP) The West Virgmia Court of Claims has set a March 18 dale lo hear the first of 59 wrongful death suits filed in connection svith the December 1967 collapse of the Silver Bridge at Point Pleasant. The claims total $6.3 million.

The collapse killed 46 persons. NEWS STRIKE IS ENDED NEW YORK (AP) The Daily News was back on newsstands today after the New York Newspaper Guild ended a neth Haller alleged that s. Olinger used a stolen credit card to purchase merchandise, and services from Teeter's Shell: Service, 573 W. Main Mo 11- day. Judge Joseph L.

Hagler Jr. scheduled a pre-trial hearing for Mrs. Olinger on Nov. 13 and sei bond at $300. student will year program at Wilberforce, and two additional years o(; pk nation, will give a reading of her works Saturday night at 8 p.m.

in Jones Auditorium. 14-15. intensive study at Dayton. He MAY be ordered! i a i member Daylon. COL.

BLAKELOCK FRUIT through i or by contacting Kurtz at 3762505 or Gary Stout, 372-9657. I Proceeds from the sale will finance scholarships and other youth activities. i MRS. OLINGER, Erskin Gibson, 21, Dayton, and a 17-i year old juvenile were picked up at 3:40 a.m. today on S.

De- Iroil St. by Sgt. Grieve. Gibson forfeited $25 bond this morning on a charge of allowing: in charge ot coordinating Ihe program with Dayton and wilii assist in co-op job V0111R11 student recruitment and lund raising. Col.

Blakelock holds a mas-! ter's degree in engineering Massachusetts Institute of Board slates lunch meeting The Xenia Golden Age Senior Citizens Center's directors I will meet for lunch Monday moon at the center, 101 W. Second St. Membership meetings this 'month include a 1 p.m. Thanks'. giving buffet next Wednesday Facing a felony charge a a ho idav a a a i cko innocence plea Technology and now is as; Dcbra Andcrs of 2 signed to Wright Patterson Fair as director of I fraudulenl a credit card, Nov 17 Tnc bazaar is set for Dee.

8. Members two-day strike against the na-l the 17-year old girl to i computer center of the Aero' ithout a license. tion's largest-circulation daily. without a license. Some mercial 1,000 and editorial, com-i other employes; nautical Systems Division.

represented by the Guild voted overwhelmingly Wednesday to accept a new contract offer by management at The News. Pope, Pole to confer VATICAN CITY (AP) Pope Paul VI will receive Poland's Foreign Minister Sle- fan Olszowski on Monday in the first meeting between the pontiff and a member of Poland's Communist government. The meeting could lead to formal diplomatic relations. The Polish population is overwhelmingly and devoutly Catholic despite the Communist government, and a Vatican prelate said Warsaw may offer diplomatic ties in return for papal restraint of bishops who are critical of Polish authorities. TWO STILL IN HOSPITAL DENVER (AP) Doctors! say Catherine and Nathan, the only two of the surviving Sla-i nek sexluplets lo remain hospitalized eight weeks after Iheir birth, may go home next week.

Their three brothers, Steven and John, who went home 10 days ago, and Jeffrey, who went home Wednesday, are all reported doing well al the Stanek home' fn suburban Lake wood. SUIT FILED ON DEFRAUD COLUMBUS, Ohio (AP) Thirty-one corporations and in-i dividuals were accused of scheming to defraud stock-! holders in a $64 million damage' suft filed in federal court' Wednesday. The action is'against the Ohio Real Estate Investment the Ohio Real Estate Equities the U. S. Capital their trustees and related companies.

Among the defendants is Ohio Commerce Director Dennis Shaul. The suit claims he.and other Ohio officials had knowledge of the fraud, but failed to take aclion lo stop it. a book, "Automatic Control of Aircraft and Missiles." DRUGS ARE RULED OUT CLEVELAND, Ohio (AP)-- have been making bazaar items day in Judge Joseph L. Hagler al i lc ccn i r. Xenia Municipal Court.

Members plan lo visit Paul Charges were filed by i a Laurence Dunbar House in Dels, James West and Robert Dayton when Ihe Xenia City Hull. Parks and Recreation Depart- The officers allege that Ms. ent conducts a lour of the Anderson purchased home N'ov, 29. items of clothing from the Mont- gomery Ward Store, 81 E. Main on Oct.

28. I A Nov. 15 preliminary hearing! was scheduled and bond was set at $1,500 by Judge Hagler. what's The University Heights If 1 AT 1 I nulrnlman whn look the lives ofi Li EXPECTING patrolman who look the lives of seven and his own Sunday was not drunk or under the influence of any delectable drug according lo the Cuyahoga County coroner. Dr.

Samuel R. Gcrber Wednesday the body of Cyril J. Rovansek, 31, showed no traces of amphetamines, barbiturates or all of which had been prescribed for Rovansek. CINCINNATI, Ohio (AP) Penelope has been up to amorous ways again. The 10-year-old lowland gorilla, already Ihe mother of three, is expectfng again, the i i a i Zoo announced Wednesday.

news Miss Ann Wallace, lighting consulatnl for Dayton Power Light will discuss ways conserving energy and i hints on better home lighting at the Greene County Easter Seal Society's deaf program at 7:30 p.m. Monday at 47 N. Galloway St. Jan Holler is interpreler. Baby sitting will be available.