WHAT HAS DELAYED ANSWER?

Shooting Victim's Mom Sues Residents and MU School of Medicine

Updated 22 weeks ago Edited by Tony Rutherford from Multiple Reports

The mother of a March 2015 shooting victim who died during an incident in Enslow Park has filed a civil suit against the two residents as well as the employer of a physician residing whom the complaint alleges was 'on duty' thus subjecting her employer to potential liability.

Micah LeMaster had been acquitted of criminal negligence in connection with the March 18, 2015 death of alleged naked intruder, Joshua Martin.

Dr. Elizabeth Mott lived at the Donald Avenue home with her husband LeMaster. Multiple shots were fired that hit Martin after he allegedly attempted to enter the residence.

The 21-year-old Pullman Plaza Hotel bellman had been said by prosecutors to be "confused and seeking help."A toxicology report indicated he was high on mushroom and marijuana.

Based on testimony, Martin did not enter the home which was protected by a barricade. LeMaster came outside and pursued the alleged invader.

However, Dr. Mott,  on call for her employers  Marshall University Internal Medicine Residency Program; Marshall University Joan C. Edwards School of Medicine; Marshall University Internal Medicine; Marshall Health; Marshall University; Cabell Huntington Hospital, went outside fired a shot and did not administer medical attention to the wounded man, according to the civil suit filed by Roy D. Baker Jr.

The Herald Dispatch reported in the June 12 edition that no answers have been received from any of the defendants.

WV Rules of Civil Procedure provide that an answer must be made "within 20 days after service of the summons." (WV RCP 12(a)(1).

http://www.courtswv.gov/legal-community/court-rules/civil-procedure/III....

(Editor's Note: Answers could be delayed if parties filed an extension of time request with the court, especially if one or more defendants plan a counter claim or a summary motion to dismiss.)

The complaint is assigned to Judge Al Ferguson.

The jury in the criminal case heard expert testimony on self defense (and use of excessive force) . They  deliberated six hours before finding LeMaster not guilty. That case was tried by Judge Paul Farrell.

 

 

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