University of Missouri-Kansas City professor requests dismissal of

Daily Record and the Kansas City Daily News-Press, Oct 1, 2007 by Charles Emerick

A University of Missouri-Kansas City professor accused of carrying out a profanity-laced, racially insensitive tirade during a class lecture wants a Jackson County Circuit judge to dismiss a student's lawsuit against him.

Peter Singelmann denies ever calling former student, DeLana Sattarin, who is black, any names, specifically the "n-word."

In his motion to dismiss filed late last month, he asked Judge Justine Del Muro to throw out Sattarin's lawsuit, which was filed in July.

Phillip Hoskins, Singelmann's attorney, wrote in the motion that the alleged words used by Singelmann were neither defamatory nor slanderous.

Sattarin claimed in her lawsuit, which also included the University of Missouri curators, that Singelmann used the "n-word" three times and other profanities during a class discussion about freedom of speech. The incident caused Sattarin so much harm, according to her lawsuit, that she dropped out of the master's program shortly before graduating.

Singelmann denied in the motion that any name-calling occurred.

Hoskins added in Singelmann's defense that Sattarin's petition detailed a class in which the professor "utilized a commonly used teaching tool, a supposition or hypothetical," to provoke discussion among the students.

In the lawsuit, Sattarin accused Singelmann of saying, "Suppose I called you a n-----. People should be allowed to say what they want, because it's their right, freedom of speech."

"Plaintiff may have felt insulted and hurt by those words and Singelmann has apologized for any unintended insult," Hoskins wrote in the motion to dismiss. "However, if plaintiff and some other students in the class, some UMKC administrators and even the court disagree with Singelmann using such language in an effort to make a point regarding freedom of speech in the United States as compared to other cultures, the fact remains that those alleged words are not defamatory as a matter of law."

According to Sattarin's lawsuit, the university investigated her complaint. The school issued Singelmann a letter of reprimand and ordered him to attend sensitivity training.

Sattarin, who is represented by Larry Delano Coleman, also received full reimbursement for the class and a written letter of apology from the professor.

But Sattarin was not satisfied with the university's response, claiming that at least two other students of African decent received similar treatment from Singelmann in the past.

"The university was aware of the conduct," according to the lawsuit, "and its actions taken fall far short of that required for justice or for equity for (Sattarin)."

Med-mal trial enters third week

A husband and wife claiming negligence against physicians at St. Luke's Hospital will start their third week of trial today.

Fred and Barbara Beaty sued the hospital and doctors after Fred suffered a stroke following an operation in early 2004.

During emotional testimony on Wednesday, Barbara Beaty said their lives have not been the same since her husband of 30 years had the stroke.

"The things you take for granted in every day life he can't do anymore," she said while being questioned by her attorney, Sherry DeJanes.

Barbara said her husband no longer does work around their home, doesn't go grocery shopping, has difficulty speaking on the phone and can't order food at a drive-through restaurant.

Fred has difficulty speaking and often becomes "agitated," she said, when he is unable to clearly communicate.

Barbara testified Fred's difficulties since the stroke have affected their relationship, and the closeness he had with his granddaughter is gone.

The defense questioned Barbara about the care he received the night he suffered the stroke.

She told defense attorney Marc Erickson that the defendant Dr. Desmond Young did an assessment that night and that two nurses check his vital signs every 15 minutes.

The case is expected to go to the jury for deliberations early this week.

Case Name: DeLana Sattarin v. Peter Singelmann, Curators of the University of Missouri System

Case Number: 0716-CV20199

Court: Jackson County Circuit Court, Division 4

Judge: Justine Del Muro

Type of Action: breach of contract, slander

Plaintiffs' Attorney: Larry Delano Coleman of The Law Office of Larry Delano Coleman

Defense Attorneys: Phillip Hoskins of the University of Missouri Office of the General Counsel

Case Name: Fred and Barbara Beaty v. St. Luke's Hospital et al.

Case Number: 0516-CV16041

Court: Jackson County Circuit Court, Division 3

Judge: Thomas C. Clark

Type of Action: medical malpractice

Plaintiffs' Attorney: Sherry DeJanes

Defense Attorneys: Thomas Wagstaff and Marc Erickson of Wagstaff & Cartmell and Tim Aylward of Horn Aylward & Bandy