Phoebe dismissal appealed to state high court - WALB.com, Albany News, Weather, Sports

Phoebe dismissal appealed to state high court

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July 21, 2005

Albany-- An Albany attorney is appealing a state court decision to throw out a lawsuit against Phoebe Putney. Ralph Scoccimaro filed an appeal Monday with the Georgia Supreme Court. In April, the suit against Phoebe, claiming the hospital overcharged uninsured patients, was dismissed by a federal judge.

Class action litigation was pursued in state court, but last month, Dougherty County Superior Court Judge John Harvey dismissed the case.

Now, Scoccimaro hopes the state Supreme Court will reverse that decision.

"If the Supreme Court sends it back to the trial court, we will then be able to put the truth before a jury for them to decide. That's all we're asking for is for a jury to decide the issues in this case," said Scoccimaro.

Phoebe Putney is one of ten non-profit hospitals in the nation under investigation by Congress. The Senate Finance Committee is looking into the hospital's tax-exempt status and charitable contributions.

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