Published Dec. 19 in the Lebanon Enterprise

Former Marion County rescue members counter sue county

Lebanon Enterprise

LEBANON — Some Marion County Rescue Squad, Inc. members believe Marion County Fiscal Court and Marion County Emergency Management Director J.T. Whitlock have caused them harm and they want to be paid for it.

In a counterclaim filed against the county and Whitlock in Marion Circuit Court last week, the corporation accuses the county and Whitlock of, among other charges, slander and defamation of character.

The members ask for a judgement "in an amount in excess of the minimum jurisdictional limits of this court" and "punitive damages for each claim in an amount in excess of $4,000, the minimal jurisdictional limits of this court."

The counterclaim was filed by Elmer George, the corporation's lawyer, along with a response to a lawsuit filed by the county and Whitlock.

Marion County Attorney Joe Mattingly filed the lawsuit in October on behalf of the county and Whitlock against former rescue squad members Dan Lawson, Scott Lawson, Will Knopp, Chad Roution and Kevin Corbett. Marion County Rescue Squad, Inc., the Commonwealth of Kentucky's Department of Military Affairs and Joe Ray Nugent were also named as defendants.

The Commonwealth of Kentucky's Department of Military Affairs was eventually dismissed from the suit. Nugent was also dismissed after it was determined that he was not involved in the actions that led to the suit.

The suit alleges that the individuals named removed "equipment, fixtures, furniture, supplies and documents purchased in whole or in part by rescue aid funds or with taxpayer revenues" on or about Aug. 5.

They took the items for the specific purpose of denying the county, Whitlock or other rescue squads "the access to or use thereof" and have refused to return the items, the suit alleges.

The suit also alleges that the individuals, or Marion County Rescue Squad, Inc., have retained control of $9,000 consisting of taxpayer revenues for the purpose or use for rescue squad functions.

The suit alleges that they have refused to release the money.

The equipment disappeared after Whitlock dismissed over half of the membership in August in an effort to squash inter-squad conflict.

Many of the dismissed members compose Marion County Rescue Squad, Inc.
In the response to the suit, members of the corporation deny almost every allegation.

The members claim they are the owners of the "property in issue" and have an affiliation with the county that is still in full force.

A copy of an order of affiliation signed by Marion County Judge-Executive Dave Hourigan, Whitlock and Scott Lawson, who is listed as rescue squad commander, was attached to the answer and marked as Exhibit "A". The order shows that it remains in effect until Dec. 31, 2001 at which time "the order may be renegotiated, updated, modified or cancelled."

In the answer, the members acknowledge that the corporation received revenue from the county for the purpose of operating a rescue squad. However, in the counterclaim, the members say the $9,000 in question "is in the name of the Marion County Rescue Squad, Inc." and, therefore, they can not be sued for it as individuals.

The members say that, among other property, certain motor vehicles were purchased by and are still owned by the corporation.

The counterclaim charges that the county and Whitlock:

• Breached the affiliation agreement even though the corporation had "fully performed all duties under said affiliation agreement."
• Have converted and attempted to convert personal property of the corporation for their own use.
• Initiated the suit with "an improper purpose" and with the intent to injure the corporation and its members.
• Interfered with the business of the corporation by converting personal property of the corporation including motor vehicles and rescue equipment.
• Attempted to retrieve more than $9,000 in a checking account in the name of the corporation and had the account changed to Marion County Rescue Squad, Inc., c/o Chris Coyle without the authority to do so. Coyle is the current rescue squad commander.
• Changed the name of the corporation's process agent (to Coyle) without the authority to do so.

Will Knopp is now listed as the corporation's agent on the Kentucky Secretary of State's Web site.

Donnie Knopp, a Marion County Rescue Squad, Inc. director and Will Knopp's father, said his son was "duly appointed by the (corporation's) board."

Donnie Knopp said Coyle's name was removed from the listing of Marion County Rescue Squad, Inc. personnel because "he's not a member of the corporation and can't be the agent."

The other members named in the suit are members or officers of the corporation.

The counterclaim states that the corporation and its members have been damaged by each of the charges against the county and Whitlock.

It states that the actions of the county and Whitlock were intentional and "with malice of forethought, without probable cause, vexatious and harassing in nature which constitutes abusive process, outrageous conduct and malicious prosecution damage."

The counterclaim states that George is not a salaried employee and the county and Whitlock should be "liable and responsible for payment of his fee."

The counterclaim also asks for a trial by jury and that the lawsuit against the corporation and its members be dismissed.

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