ME Andrews files motion to dismiss lawsuit

ME Andrews files motion to dismiss lawsuit

LUBBOCK, Texas -

Lubbock County Medical Examiner Dr. Sam Andrews has filed a motion that he be dismissed from the lawsuit in the 237th District Court. This is Rebecca Ortiz's lawsuit filed against Dr. Andrews, Dr. Evan Matshes, National Autopsy Assay Group, LLC and NAAG Pathology Labs, PC.

In the motion filed Tuesday, Andrews requests dismissal because the claims against him are unjust and he was just doing his job. The motion indicates Ortiz could sue Lubbock County rather than Andrews individually. 

In the original lawsuit filed, Ortiz claims Andrews gave Dr. Stephen Pustilnik instructions that were "forensically unjustified and excessive" on Elaina Castilleja's body. 

Court documents indicate the original lawsuit filed by Ortiz never mentions Andrews is the Chief ME, nor does it claim he was not the duly appointed Chief ME at the time of the autopsy. 

The motion argues that Andrews was doing his duty as the Interim Chief ME and his instructions to Dr. Pustilnik were within the scope of Andrews employment.

According to the motion, Andrews claims Ortiz will likely argue that he was not an employee of Lubbock County because he is employed by NAAG. The motion argues that NAAG "is an independent contractor of Lubbock County to provide a medical examiner and operate the medical examiner's office for Lubbock County." 

Under the Texas Tort Claims Act on Andrews motion, the suit against him should be dismissed unless Ortiz files another lawsuit naming Lubbock County. 

Texas Rangers, with the help of the Attorney General's Office, are continuing their investigation into the ME's Office. No reports of when the investigation will be completed. 

 

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