ME Andrews files motion to dismiss lawsuit

ME Andrews files motion to dismiss lawsuit

LUBBOCK, Texas -

Lubbock County Medical Examiner Dr. Sam Andrews has filed a motion that he be dismissed from the lawsuit in the 237th District Court. This is Rebecca Ortiz's lawsuit filed against Dr. Andrews, Dr. Evan Matshes, National Autopsy Assay Group, LLC and NAAG Pathology Labs, PC.

In the motion filed Tuesday, Andrews requests dismissal because the claims against him are unjust and he was just doing his job. The motion indicates Ortiz could sue Lubbock County rather than Andrews individually. 

In the original lawsuit filed, Ortiz claims Andrews gave Dr. Stephen Pustilnik instructions that were "forensically unjustified and excessive" on Elaina Castilleja's body. 

Court documents indicate the original lawsuit filed by Ortiz never mentions Andrews is the Chief ME, nor does it claim he was not the duly appointed Chief ME at the time of the autopsy. 

The motion argues that Andrews was doing his duty as the Interim Chief ME and his instructions to Dr. Pustilnik were within the scope of Andrews employment.

According to the motion, Andrews claims Ortiz will likely argue that he was not an employee of Lubbock County because he is employed by NAAG. The motion argues that NAAG "is an independent contractor of Lubbock County to provide a medical examiner and operate the medical examiner's office for Lubbock County." 

Under the Texas Tort Claims Act on Andrews motion, the suit against him should be dismissed unless Ortiz files another lawsuit naming Lubbock County. 

Texas Rangers, with the help of the Attorney General's Office, are continuing their investigation into the ME's Office. No reports of when the investigation will be completed. 

 

  • Top StoriesMore>>

  • Trump raises tariffs on Chinese goods as trade war escalates

    Trump raises tariffs on Chinese goods as trade war escalates

    Friday, August 23 2019 3:31 PM EDT2019-08-23 19:31:25 GMT
    Saturday, August 24 2019 10:01 AM EDT2019-08-24 14:01:48 GMT
    (AP Photo/Susan Walsh, File). FILE - In this June 29, 2019, file photo, President Donald Trump, left, meets with Chinese President Xi Jinping during a meeting on the sidelines of the G-20 summit in Osaka, Japan. China has announced it will raise tariff...(AP Photo/Susan Walsh, File). FILE - In this June 29, 2019, file photo, President Donald Trump, left, meets with Chinese President Xi Jinping during a meeting on the sidelines of the G-20 summit in Osaka, Japan. China has announced it will raise tariff...
    (AP Photo/Susan Walsh, File). FILE - In this June 29, 2019, file photo, President Donald Trump, left, meets with Chinese President Xi Jinping during a meeting on the sidelines of the G-20 summit in Osaka, Japan. China has announced it will raise tariff...(AP Photo/Susan Walsh, File). FILE - In this June 29, 2019, file photo, President Donald Trump, left, meets with Chinese President Xi Jinping during a meeting on the sidelines of the G-20 summit in Osaka, Japan. China has announced it will raise tariff...
    Trump vows response to China tariffs on $75B of US goods, deepening conflict over trade and technology that threatens to tip a weakening global economy into recession.
    Trump vows response to China tariffs on $75B of US goods, deepening conflict over trade and technology that threatens to tip a weakening global economy into recession.
  • All Saints Episcopal School launches new Spanish program with Viva Kids

    All Saints Episcopal School launches new Spanish program with Viva Kids

    "I think a couple things about Viva Kids is that their approach really matches the All Saints philosophy of play with a purpose."
    "I think a couple things about Viva Kids is that their approach really matches the All Saints philosophy of play with a purpose."
  • Texas gun rights lobby pushing back on calls for new laws

    Texas gun rights lobby pushing back on calls for new laws

    (AP Photo/Eric Gay) Gun rights advocates gather outside the Texas Capitol where Texas Gov. Greg Abbott held a round table discussion, Thursday, Aug. 22, 2019, in Austin, Texas.(AP Photo/Eric Gay) Gun rights advocates gather outside the Texas Capitol where Texas Gov. Greg Abbott held a round table discussion, Thursday, Aug. 22, 2019, in Austin, Texas.
    (AP Photo/Eric Gay) Gun rights advocates gather outside the Texas Capitol where Texas Gov. Greg Abbott held a round table discussion, Thursday, Aug. 22, 2019, in Austin, Texas.(AP Photo/Eric Gay) Gun rights advocates gather outside the Texas Capitol where Texas Gov. Greg Abbott held a round table discussion, Thursday, Aug. 22, 2019, in Austin, Texas.
    Texas' muscular gun-rights lobby is swiftly pushing back after Gov. Greg Abbott raised the possibility of tighter firearms laws after a gunman killed 22 people at an El Paso Walmart.
    Texas' muscular gun-rights lobby is swiftly pushing back after Gov. Greg Abbott raised the possibility of tighter firearms laws after a gunman killed 22 people at an El Paso Walmart.
Powered by Frankly