A motion to dismiss a lawsuit filed by the husband of a Neosho R-5 teacher/counselor who died from complications of COVID-19 was overruled today by Newton County Circuit Court Judge Gregory Stremel.
Attorneys from the St. Louis law firm of Mickes O'Toole representing the Neosho R-5 School District asked that the motion be dismissed, saying that school districts are immune from all torts, including torts of negligence.
In the lawsuit petition, Matthew Osborne, the beneficiary of the late Melissa Osborne's life insurance policy, claimed the district's hiring of Insurance Benefits Consultants, was hired based on "the familial relationship between its initial employees and employees and the superintendent of the Neosho SD."
The Insurance Benefits Consultants employee who handled district policies was Superintendent Jim Cummins' sister, Tana Wise. Her husband, Phil Wise, a principal in the company, resigned his position on the Neosho R-5 Board of Education in 2017 because of a conflict of interest because of his company.
The lawsuit claims Tana Wise told Melissa Osborne she had done everything she needed to do to sign up for the life insurance policy. Osborne paid a premium to the company, which was accepted.
The life insurance company, American Heritage Life Insurance, is also a defendant in the suit.
Osborne is represented by Phillip Donald Greathouse of the Joplin firm of Warten Fisher Lee and Brown.
All other pending motions in the lawsuit, including motions by Insurance Benefits Consultants and American Heritage Life Insurance to dismiss are scheduled to be heard at a 1:15 p.m. April 3 hearing.
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