Sidney files answer to lawsuit

By Sheryl Roadcap -

SIDNEY — The city of Sidney and the Ohio Department of Medicaid have responded to the lawsuit filed against them by the mother of the child who was trapped in an underground water culvert. The case has been filed in the Shelby County Common Pleas Court.

On Monday, Sept. 26, 2016, Sidney filed an answer denying all allegations of negligence brought against them by Angel Linton, the mother of the minor child who was entrapped on Sept. 1, 2015, at Sidney’s Harmon Park, and asked for the complaint to be dismissed and awarded costs of the suit including “reasonable attorneys’ fees.”

According to the filed response, aside from denying responsibility, the city claims if it was negligent, the plaintiff’s negligence exceeds any fault of the city, and any damages suffered were contributed to by the plaintiff’s negligent actions.

The city is seeking to defend itself in part by claiming it is entitled to recreational use immunity, a statute that could protect the city from responsibility for accidents within city parks or governmental functions.

Sidney also claims it is “entitled to all setoffs and limitations or damages arising out of the Affordable Care Act.”

In Sidney’s response to the cross-claim filed by the Ohio Department of Medicaid on Sept. 16, 2016, they seek dismissal and deny allegations that Medicaid is entitled to recover money that it paid for medical services.

The Ohio Attorney General’s office, on behalf of Medicaid, claims to have already paid for the plaintiff’s medical bills and could possibly pay for future medical bills during the course of the lawsuit, and based on the outcome, could have the right of recover the cost of medical services.

Furthermore, Medicaid demands judgment for the amount to be determined plus any additional amounts paid for medical services during the pending lawsuit.

Linton filed the lawsuit against the city of Sidney and the Ohio Department of Medicaid in the Shelby County Commons Pleas Court on Aug. 24, 2016.

According to the complaint, the plaintiff has incurred more than $3,000 in medical expenses, and will incur future medical expenses, as well. The plaintiff is seeking a sum in excess of $25,000, plus medical expenses, interest, and other relief.

By Sheryl Roadcap

Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.