Motions to dismiss lawsuit heard

By WAYNE QUESENBERRY/Staff

A Wythe County Circuit Court judge took motions to dismiss a $12 million lawsuit against two ambulance service providers under advisement Tuesday afternoon. Josiah Showalter heard arguments from attorneys for LogistiCare, Guardian Ambulance Service and the plaintiff Carla S. Davis.
Davis claims in her civic lawsuit that LogistiCare and Guardian Ambulance Service were negligent in hiring Alton Kenney Davis as a driver for a non-emergency transport program. The Wytheville woman, paralyzed from the waist down, is accusing the 56-year Alton Davis of sexually assaulting her during a transport.
Terri Morrison Bowles, who represents Carla Davis in the lawsuit, told the court both ambulance service providers should be held accountable even through Guardian Ambulance Service is a sub-contractor of LogistiCare. She also accused them of negligence because Guardian Ambulance Service hired Alton Davis as a driver despite a 1991 charge of molesting a child.
Attorney for Guardian Ambulance Service, Dale Webb, noted Alton Davis was never tried on the charge. 
Mike Doherty, representing LogistiCare, said his company is not liable since it sub-contracts with Guardian Ambulance Service to provide non-emergency transportation service for Medicaid and Medicare recipients.
Alton Davis was indicted by a grand jury in July on the sexual assault charges. He has not been tried yet.
Wayne Quesenberry can be reached at 228-6611 or .