Judge Madden recuses himself from wrongful death suit.

***Whilst the article does not explain why Judge Madden recuses himself from this case, I speculate that the reason is because the defendant, Laureen Kutz, is the wife of Iron County District Attorney Martin J. Lipske. Laureen Kutz graduated from Hurley Highschool in 1972 with Mr. Lipske. To make a note, JoAnne Saari now Gotta, daughter of juror Lempi Saari in Don's trial also graduated with both of them in Hurley in 1972.

Suit Claims Wrongful Death

12-Sep-2005

Ironwood Daily Globe

HURLEY -- A Newport Heights, Ironwood, man claims a salmonella bacteria spreading throughout the Sky View and Villa Maria nursing homes in Hurley was a "substantial factor in contributing to the illness, infection, and death" of his mother.

In filing an Iron County lawsuit on Wednesday against Lawrence, Laureen, and John Kutz, the Villa Maria Health and Rehabilitation Center, Sky View Nursing Center, and Lexington Insurance Company, Keith L. Anderson claims "the defendants failed to timely warn residents of all facilities that an outbreak of salmonella was occurring or had occurred."

Anderson is being represented by Greenfield, Wis., attorney John Carter.

Anderson claims that the failure to notify other residents in a timely manner, caused his mother, Elaine V. Anderson, and other residents to be exposed to the salmonella bacteria.

Anderson died on Feb. 25, 2004 at the Grand View Hospital.

Her original death certificate shows she died of aspiration pneumonia. The death certificate was amended on May 27, 2004, when dementia, with a possible contribution of diabetes mellitus and salmonella were added.

According to the complaint, prior to Feb. 25, 2004, but after Feb. 6, 2004, the Villa and Sky View, delivered food to Anderson at the Sky View.

Shortly after consuming some of the food, Anderson became seriously ill because the food was contaminated with salmonella bacteria, the complaint said.

Anderson seeks "an amount to be determined by the trier of fact, recovery of expenses for last illness and burial, costs and attorneys' fees, and whatever other relief deemed equitable and just."

This lawsuit comes two weeks before the Helen Kolson lawsuit against the Villa goes to trial, Sept. 20-22, with a demand for a 12-person jury filed.

Kolson, who is represented by Carter, claims on Feb. 5, 2004, she became ill from salmonella bacteria from food prepared and served at the Villa.

Villa officials said the matter was investigated by the health department and the Villa was found to be in compliance in its food preparation process.

The incident was investigated by the Bureau of Quality Assurance out of Rhinelander, Wis., according to Iron County Health Department Director Noreen Gilbertson. She said the health department does frequent inspections at the Villa.

On Aug. 23, Gilbertson noted two facts in the case: "There was a germ and there never was a true identification of the source."

Iron County Judge Patrick Madden recused himself on Aug. 17.

Vilas County Judge Neal A. Nielson was assigned the case.

A similar case to that of Kolson was filed by Ellen Czerneski on Feb. 14. Czerneski resides in the same Taconite Street apartment structure as Kolson.

Czerneski is also being represented by Carter.

She is also demanding a jury trial, with no trial date yet set.