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Show 5 Hospital defamation Erfcsflm Uintah Basin Haws Sarvica A 3Y -year-old defamation lawsuit filed by a registered nurse against a doctor at Uintah Basin Medical Center is set to be heard by a jury Thursday in Duchesne. Melany Zoumadakis originally filed her civil suit against UBMC, two of its employees and Dr. Mark Mason in December 2003, three months after she was fired from the hospital's home health care division. In the intervening years however, rulings by 8th District Court Judge John R. Anderson have whittled the list of defendants down to Mason alone. At issue now is whether Mason maliciously made false statements about Zoumadakis that led to her firing. In a June 9 interview with the Standard, Zoumadakis produced copies of performance evaluations for the three years leading up to her dismissal that showed she was a highly rated employee. One of the evaluations came three months before she was fired. "I worked there 14 years," Zoumadakis said.- "I loved it and in one day I feel I was raped of my life. In one day without Duchesne's Attorney To Tenth Circuit 5 Uintah Basin Newt Sarvica A split decision by the U.S. 1 10th Circuit Court of Appeals i has handed Duchesne City another blow in their bid to keep a religious monument out of a : public park. i Althoughtherulingrejectsthe ; piHt'q Kill fnr a i-o-Viaai-incr hafwo .' . " tF the Denver-based appellate court, attorneys for both the ' city and the religious group Siimmum, say that everything will remain status quo while litigation continues. The 10th Circuit ruled last April that Summum had their First Amendment rights violated when the Duchesne City Council 1 refused to let them erect a ' monument to their beliefs in Roy Park. Summum was founded in Salt Lake City in 1975. Their beliefs center on mummification and flthe practices ottbfc early, Egyptians. . Edward White m, an attorney with the Thomas More Law Center in Ann Arbor, Mich., 1- - Ai 1 1 who is representing uucueoiie - City, filed a motion last week to stay the 10th Circuit Court mandate. White, who represents the city at no charge, is preparing to petition for a discretionary review before the US. Supreme Court. The high court receives thousands of such petitions yearly and selects aDout ou cases to hear. I White said he was encouraged by the fact that the 10th Circuit Court was evenly split in their a , i i j : niungaenymgtnerenearmgana Arizona man An 30-year-old Arizona man was injured Thursday after he lost control of his motorcycle on Highway 40, according to the Utah Highway Patrol. Jeremy Glenn Seeley ofMesa, Ariz., was riding his 2007 Honda CBR 600 east on the highway just before the junction with state Road 88 when he failed to negotiate a curve, said UHP spokesman Trooper Rex Olsen. Olsen said Seeley ran off the right side of the road, striking an embankment and catapulting his motorcycle into the air. The Drug Court UmtahC!ounty commissioners reauthorized the county's drug court funding through grants, describing the program as enormously important to the community. The state's drug court program was established to end the cycle of repeat drug offenses. In 8th District Court in Uintah County, the drug court program keeps participants out of jail Duchense man guilty of A Duchesne man pleaded guilty last Tuesday in 8th District Court to sexually abusing a woman in the motel room where she was living in March. Robert Cole Allen entered Alford pleas to one count of third-degree felony forcible sex abuse and misdemeanor counts of criminal trespass and intoxication. Under an Alford plea a defendant does not admit to the elements of a crime, but concedes that if the case were to go to trial the prosecution's evidence would any discussion I was robbed of my income, insurance, life insurance, 401k." Zoumadakis points to her contact with a patient under Mason's care as the sole cause of her termination. She said she was directed by her supervisor to admit the woman, who had undergone a partial surgical amputation of the foot, to Basin Home Health Care. The trouble began, Zoumadakis said, when she contacted Mason's office to ask for permission to provide wound care for the patient. Zornnadflkisclaimsthattheoffice secretary she spoke with made Mason believe that Zoumadakis had questioned his course of treatment. Court papers filed by UBMC claim that Mason attempted to talk to Zoumadakis about the incident but she refused. Zoumadakis said she asked repeatedly to talk to Mason, but was told by her boss that she was not allowed to do so. In the end, Zoumadakis was fired after she refused to sign a corrective action drafted by the hospital. The document stated that the veteran nurse would be fired if she received "any complaint" from a doctor or patient; failed to submit to Petition Supreme Court stands by monument ruling even more so by the dissenting opinions. "I thought that the two dissents are exactly correct and that the panel...plainly got it wrong," White said. "I am very encouraged that six of the 12 judges agree with us. Somewhere in January or February we will know if the Supreme Court will take the case." Brian Barnard, a Salt Lake City attorney representing Summum, hailed the decision by the court denying Duchesne's request for a rehearing, following their failed bid to have the entire case overturned last April. He urged the city to "step back and use common sense." According to Barnard, the case is simply about "religious freedoms, free speech and fairness. If one private religious monument is allowed in a city park, all such monuments should vbtfall6wed:.'"'.',''!ilJ,ftK-'J " """J "Thelawsuithascausedmuch " out-of-state news coverage. The vast majority of it is negative to thecity,"saidBarnard. "I cannot imagine the leaders and citizens of Duchesne City relishing their new nationwide image as a town which fosters and perpetuates religious intolerance." The city first came under fire in 2003 by Summum for having the religious monument on public property. At that time Summum asked the city to either remove it from the park or grant them the same privilege of placing a monument to their beliefs in the parklocated hurt in crash bike and rider struck another embankment about 100 feet south of Highway 40 and Seeley was thrown from the motorcycle. He landed about 50 feet from his motorcycle, Olsen said. Seeley was wearing a helmet. He suffered a broken right leg below the knee and possible chest injuries, the trooper said. Seeley was taken to Uintah Basin Medical Center for treatment. Seeley was cited for traveling to fastforexisting conditions and improper lane travel. funding Oft'd again and at work while treating their addictions. Graduates learn to break the cycle of drug use and imprisonment. The success of the county's drug court program has become a model for other counties in the state. The county saves community tax dollars by returning responsible people to society rather than jail. Participants pay up to $40 likely lead to a conviction. For sentencing purposes, an Alford plea is the same as a guilty plea. In exchange for Allen's plea, prosecutors dropped charges of aggravated kidnapping and exploiting a prostitute against him. Investigators said the victim in the case is not a prostitute, but allegations that Allen offered to pay her for sex during the incident met the statutory elements of the exploiting a prostitute charge. Vernal trial set for alcohol or drug screening at the hospit within 30 minutes'notice (Zoumadakis lives in Hanna and served western Duchesne County making it impossible for her to meet the 30-minutedeadline, she argued); contacted or visited any of Mason's patients; or discussed orders or treatments she felt were incorrect with patients or doctors without first notifying her supervisor. Zoumadakis said, ethically, she could not sign the corrective action because she knew she couldn't comply with the terms. She saidshe was willing to submit to the alcohol and drug testing, but wanted to have the deadline extended so she could meet it. And she said she wanted to be allowed to continue any personal relationships that existed with Mason's patients outside of work. Following her firing, Zoumadakis saiditwas impossible to find work, despite her years of experience and her bachelor's degree in nursing. She blames her trouble finding another nursing job and many of the other losses she's suffered since September 2003, on the conduct of UBMC administration, even though that's no longer part of her civil suit. "No one would hire me the about two blocks south of main street. The city eventually sold the small parcel around the Ten Commandment monument to the Cole family. The Coles donated the monument to the city in 1979 in memory of their . late father, a Duchesne civic leader. A small white fence has been erected around the monument and a plaque states the property does not belong to the city. However, subsequent court rulings have come down on the side of Summum after the city rejected their attempt to have a marker erected to their "Seven Aphorisms" - which the sect has stated would complement the Decalogue. Duchesne City's case is joined with a similar Ten Commandment case in Pleasant Grove." where Siimmum has ' t it j ' :.iij " oe aiiuweci m a puouc area. lawyer held in contempt A defense attorney who failed to show up in court on Thursday in Roosevelt was held in contempt of court by 8th District Court Judge John R. Anderson. Cindy Barton-Coombs was supposed to appear in Anderson's court to represent a client at a sentencing hearing. When the defendant's name was called he told the judge he hadn't been able to reach Barton-Coombs, who recently accepted another job in Park City. - In deciding to hold her in contempt, Anderson said Barton-Coombs' had failed to communicate with her clients and the court, causing delays in several cases. He withheld sanrtioris,pendingahearingnext week Barton-Coombs could face up to 30 days in jail and a $1,000 fine for the contempt charge. each week for their treatment, although most clients pay $20 each week to cover the cost of random drug testing. Proponents of the program note the drug court's familial benefits far outweigh the financial gain to the community. They cite stronger, healthier families as a force for reducing crime in Uintah County. sex abuse According to court records, a drunken Allen went to the woman's motel room on March 31 at 4 a.m. and tried to force her to have sex with him. The woman fought back but couldn't get Allen to leave her room. Allen later offered to pay the woman $200 to have sex with him, authorities said. Men is scheduled to return to court on Oct. 23 for a sentencing hearing. He could receive up to 5 years in prison on the forcible sex abuse count He faces jail time on the misdemeanors. Express Thursday way they terminated me," she said. "I could have retired in a few years and now I have no retirement, no home, no nothing and I'm 50. It's hard to take." A letter provided to the Standard by Zoumadakis shows that UBMC offered her a $5,000 settlement in October 2006, contingent on the signing of a confidentiality agreement. She turned the offer down, choosing instead to let a jury decide the case. . "I have lived with this for 3V4 years and every single day of my life is effected by the lack of accountability and responsibility," she said. But Zoumadakis still may not get to tell her story to a jury. Blaine J. Benard, Mason's attorney, has asked Judge Anderson not to allow testimony from three of Zoumadakis' witnesses, including Cris Dalsing.UBMC's former director of physical therapy. Benard argued in court papers filed late last month that the witnesses' testimony would be prejudicial to his client and that, even if it were introduced, it wouldn't help the former nurse prove her case. Anderson has scheduled a hearing on Benard's request for 8 a.m. Thursday morning, a half-hour before the trial is set to begin. 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Sunrise Sunset Sunrise Sunset Sunrise Sunset Sunrise Sunset Sunrise Sunset 6:45 AM 7:47 PM 1 6:46 AM 7:45 PM 6:47 AM 7:44 PM 6:48 AM 7:42 PM 1 6:49 AM 7:41PM rSrSiMllSl;r' -rWe Celebrate Hcr,n.v . , , M a. a.v.. . j... jfc; .-.v' . .-mi Utah At A Glance - : -"StO J Cedar City, 8862 Area Cities Beav iver 87 90 94 88 92 94 88 60 pt sunny 64 pt sunny Blanding Brigham City Cedar City Delta Elko. NV Evarwton, WY 67 mst sunny 62 mst sunny 66 mst sunny 55 mst sunny 59 t-storm 57 pt sunny 67 mst sunny 46 t-storm Farmington, NM 88 Fllmore 91 Flagstaff, AZ 75 National Cities tdanta W66 rain 80 81 sunny - 81 60 sunny 94 74 mst sunny 88 60 pt sunny Boston Chicago Dalas Denver a J 02005 Amaricart Profito Hometown Content Service Census ShOVJS rise in uninsured Utahns U.S. Census data released last week showed a notable increase in Utah's uninsured rate, from 16.6 percent in 2005 to 17.4 percent in 2006, according to the Utah Health Policy Project, a group advocating health care reform in the state. "This increase of nearly .8 percent is significant though certainly less dramatic than the 2.3 percent increase from 2004-2005," 2004-2005," says Judi Hilman, executive ex-ecutive director of UHPE "Even though Utah continues to move in the wrong direction on this issue, we are optimistic for the first time about the prospects for real health reform in Utah." Hilman said the path to "real health reform" requires that the state make sure it protects current coverage programs in place for low-income residents like Medicaid and CHIP "Step one is to make sure the CHIP program is fully re-authorized by Congress by the Sept. 30 deadline," Hilman said. "The decrease in public coverage in Utah, from 21.2 percent to 19.6 percent, is most alarming in this regard. As we head down the path of health reform we need to make sure that our most vulnerable vul-nerable citizens are able to use AImost CompIetecI!! Hunter Hollow This darling 3 bedroom, 2 bath home has a stucco and rock exterior, granite countertops, hardwood floors, 2 car garage, and an unfinished basement. ML8656990 "Expect the Best" 1340 West Highway 40, Vernal, UT 84078 ..0ffice;(435) 789,7555 j-JaKjShZ ..ju I 9772 9265 3 Grand Jet, CO Green River HeberCity Kanab Logan Moab Mi Pleasant Ogden Park City Preston, 10 - 9T65 94 64 82 56 87 61 93 63 95 64 88 59 94 70 82 61 92 59 sunny mst sunny t-storm pt sunny mst sunny mst sunny mst sunny mst sunny t-storm mat tunny Houston Los Angeles Miami Mlnneapols New York 03Tdrm 92 71 sunny i 90 79 Mtorm 81 84 pt sunny 80 63 sunny Vernal 9060 Wednesday, September 5, 2007 A7 these cost effective programs." UHPP Chairman Dr. Joseph Q. Jarvis said Utah is blessed right now with a nation-leading economy and virtually full employment. However he said it is "unprecedented and incongruous" incon-gruous" to find that Utahns are ' increasingly uninsured during dur-ing a time of strong economic growth. "There is no better evidence that the traditional business model of health insurance no longer meets the needs of 21st century American society, " Jar-vis Jar-vis said. UHPP has formed Utahns for Sustainable Health Reform and a Responsible Exchange, or U-SHARE, to make sure that the reforms are meaningful and affordable for all. U-SHARE will use the "Guiding Principles for Health Care Reform, Version 2.0," to highlight elements that should be included in any health reform package built around the concept of a Health Insurance Exchange. UHPP is working closely with the United Way Financial Stability Stabil-ity Council, Utah Department of Health, and Governor's Office of Economic Development, on the reform proposals. ASPEN CROOK! REALTY INC. i PafHakhell,' ,V Aobnt1GW,CRJSt Moon Phases D O Full Aug 28 Last Sep 4 0 0 now Sep 11 First Sep 19 UV Index Sun 92 Mon 93 Tue 94 Wed 95 Thu 96 Very High Very High Very High Very High Very High Tha UV Max it measured on 1 0-1 1 number tcaM, with higher UV Mm . showing the neadtorgreater akin protection. pro-tection. 0 :.'ttMCl 1 1 nee t-storm mst sunny mst sunny t-storm mst sunny mst sunny sunny mst sunny mst sunny mst sunny Prow Richfield Roossvatt Salt Lake City Sandy St George Tootte VwnsJ Wsndovor , 92 65 88 60 83 58 97 72 94 70 102 77 95 68 90 60 96 69 Srotrii5" ufWlhtfsuhny 89 61 sunny 71 59 pt tunny Sn Francisco St Louis 89 64 tunny Washington, DC 83 65 sunny ( |