10
Wednesday, February 1, 1978
University Daily Kanan
Libel charges reduced
By NANCY DRESSLER
Staff Writer
A Kansas City, Kan., judge issued a summary judgment yesterday on two counts of a libel suit involving former University President James D. University of Kansas Medical Center.
Leo J. Morenoy, judge of Wyandotte County District Court, reduced the suit to three counts by making a summary decision on the two other counts. His action reduced the amount of the suit from $275,000 to $140,000, David Dysart, legal counsel for KU's College of Health Sciences and Hospital, said last night.
Dysart said that Moroney ruled in favor of four former Med Center students and a former Med Center affirmative action officer, defends the suit, in his decision.
Dante G. Scarpelli, former chairman of the Med Center's department of pathology, filed the lawsuit that alleged狱 against him by the students and former affirmative action officer for the Med Center, Chester Rompson.
MORONEY'S RULING, Dysart said, eliminated from the suit counts of malicious prosecution and conspiracy to violate the Civil Rights Act.
"The judgment says that even with arguments and motions, a panel of jurors still could not find sufficient facts to support these two charges." Dysart said.
He said that each of the five counts accounted for a portion of the total $275,000 in damages originally sought against the defendants, and that by eliminating two counts, the maximum dollar amount a jury could pay in a case was reduced by the judge to $140,000.
Three other counts pertaining to libel and invasion are termed as part of the doctrine to Dyer.
KU officials have been asked to appear in the case. David Waxman, the Med Center's executive vice chancellor, is expected to appear tomorrow. Chancellor Archie R. Dykes has given a reason and certain whether the Chancellor would be asked to testify.
DYSART SAU K's only involvement in the suit was that of providing witnesses.
Rock musician found dead in hotel room
AMSTERDAM, Netherlands (AP)- Gregory Herbert, a saxophon player and recent member of the rock group Blood, Sweat and Tears, was found dead yesterday in an Amsterdam hotel room where a search uncovered some drugs, police report.
The search of the 30-year-old jazz musician's room turned up "significant quantities" of heroin and cocaine, as well as poisonous podemic syringes, a police spokesman said.
Opening statements and testimony were heard yesterday in the case.
Dysart said that although the suit was filed in 1975, the nature of the suit and numerous depositions filed in relation to the cause had slowed the suit's progress in the proceeding.
Dyasart said he thought the case could be handled by early next week if attorneys did not call him.
"The case is an important one for Kansas and the University," Dyssart said, "because it does affect the future grievance procedures at universities."
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