Judge Rodney Melville, who presided over Michael’s 2005 trial, has ruled that the complaint filed against Michael and the Marian Medical Center cannot continue as filed. Michael’s attorneys have argued that the facts of the case didn’t justify the complaint.
Michael was admitted to the hospital during his trial, and Manuela Gomez Ruiz was moved from a room to make way for him to be treated and as a result of this her family are suing both Michael and the hospital claiming that she was kept from critical care following her heart attack. The complaint claims that she had a further heart attack, but because of the crowds of people around Michael she was hindered in her progress to a Critical Care Unit. She died later that night.
Judge Melville has allowed the Ruiz family attorney, James McKiernan, thirty days to redraft the complaint.