A 95-year-old Carthage woman has filed a $3 million plus lawsuit against Jasper County Public Administrator Rita Hunter and attorney John Podleski and his law firm, Crandall & Podleski.
In the three-count lawsuit filed today in U. S. District Court for the Western District of Missouri, Emma France alleges Mrs. Hunter, the wife of Rep. Steve Hunter, R-Joplin, took advantage of a bout of depression Mrs. France suffered after she was "the victim of several telephone scams which caused her to lose some of her monies."
"On April 12, 2007, Missouri Senior Services discussed private health and financial information about Emma France with defendant Rita Hunter" and later delivered the information to Mrs. Hunter "in violation of Emma France's right to privacy."
Four days later, the petition says, Podleski and his law firm "on behalf of and in concert with Rita Hunter filed petition in the circuit court of Jasper County a petition for the appointment of guardian, conservator, guardian ad litem and conservator ad litem" for Mrs. France.
The papers were served on Mrs. France the next day. "No notice of the filing of the petition was ever sent to any of (Mrs. France's) relatives even those that were known.
Attorney Shannon McKinney was appointed to represent Mrs. France, visited with her and told the court he recommended the appointment of a conservator ad litem, "but did not recommend that a guardian be appointed."
Despite that recommendation, "at the insistence and request of the defendants," without holding a hearing, and without letting Mrs. France's lawyer know appointed Mrs. Hunter as Mrs. France's guardian and conservator.
On May 17, the petition says, "without court order and against the judgmentof the court and without doctor's orders, (Mrs. Hunter) without cause seized or caused to be seized (Mrs. France) and put her in (McCune-Brooks Hospital)."
At that point, the petition said, Mrs. Hunter refused to allow Mrs. France to have access to her mail.
"Emma France asked her daughter, Dolores France, to take her to see her grandchildren and great-grandchildren out of state." After the two went to California, the petition said, Mrs. Hunter began threatening them "to force Emma France to return to Missouri."
At that point, kidnapping charges were filed in Jasper County against Dolores France.
The petition says:
-Mrs. France was not given any notice of her rights during the process.
-No hearing was held concerning Mrs. Hunter's appointment as guardian and conservator.
-The family was not told of the hearing.
-Mrs. France's doctor-patient privilege was violated.
-Mrs. France "suffered damages in the loss of monies, inability to get mail, restrictions on her freedom of movement, forced relocation back to Missouri against her will, false imprisonment in a hospital, unnecessary medical treatments, mental anguish and stress, embarrassment, and the need to hire attorneys to regain her property and freedom."
Mrs. France is asking for $3 million in compensatory damages, plus punitiva damages and attorney fees.
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