Judge Denies DCH's Request To Be Dismissed From Ada Doss Wrongful Death Lawsuit

TUSCALOOSA, AL — A Tuscaloosa County Circuit Court judge has denied DCH Health Care Authority's request to dismiss it from a wrongful death lawsuit filed by the family of slain nurse Ada Catherine Doss, allowing the civil case to move forward against the hospital system.

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Tuscaloosa County Circuit Judge Corey G. Seale entered the order Monday, denying DCH's motion to dismiss in the lawsuit brought by Andrew Doss, the husband of the victim.

Andrew Doss is represented by Paul Patterson and North Patterson of Tuscaloosa's Patterson Law Firm.

As Patch previously reported, DCH filed its initial motion arguing it should be dismissed from the lawsuit, contending the complaint failed to establish that the health care authority owed Ada Doss a legal duty under the circumstances surrounding her death.

The lawsuit names DCH, Universal Protection Service LLC — doing business as Allied Universal Security Services — and Matthew Taylor as defendants.

Taylor is the man charged with capital murder for the shooting death of Doss, while Allied Universal Security Services was the contracted firm that handled security on the DCH Regional Medical Center campus in Tuscaloosa.

Taylor's family has also filed a civil lawsuit against DCH Health Care Authority, with Patch previously reporting on allegations that the hospital failed to provide emergency psychiatric treatment during a mental health crisis hours before the fatal shooting.

DCH Health System also requested last Friday that the case brought by Taylor’s family be moved to federal court because many of the claims being made involve federal laws.

ALSO READ: Man Who Killed DCH Nurse Has Extensive History Of Mental Illness: Defense

The original complaint made by Doss' family alleges negligence, wantonness and wrongful death against all three defendants.

In its filing, however, DCH Health Care Authority argued that while those claims may proceed against the other two named defendants, they could not legally proceed against the hospital because of the exclusivity provisions of the Alabama Workers' Compensation Act.

The motion states DCH Health System had already started the process of paying Andrew Doss the maximum death benefits available under the state's workers' compensation law and will continue doing so.

Still, the hospital system argued those benefits constitute the only compensation that can be recovered from DCH.

Attorneys for DCH cited precedents they insisted establish that the hospital is immune from civil liability beyond workers' compensation benefits because Doss was still considered to be in the course of her employment when she was fatally shot in the DCH Regional Medical Center parking lot on May 12.

The lawsuit stems from the May 12 killing of 27-year-old Ada Catherine Doss, a registered nurse at DCH Regional Medical Center. Authorities allege Matthew James Taylor attempted to rob Doss in the hospital parking lot as she arrived for work before fatally attacking her.

Taylor remains criminally charged with capital murder in connection with Doss' death and is being held without bond.

The criminal case against Taylor is separate from the civil litigation, while Monday's ruling keeps DCH a defendant in the lawsuit as the case moves into its next phase.

No trial date has been set.

RELATED READS:

• DCH Hires Veteran UA Police Officer To Lead Security At Northport Medical Center
• DCH Further Expands Security Measures After Nurse Shot And Killed
• DCH Releases Detailed Timeline Of Events Leading Up To Fatal Shooting Of Ada Doss

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