Birmingham Health Care lawsuit delay brings stern words from judge

BIRMINGHAM, Alabama -- The delays continue in a records dispute between Birmingham Health Care and the Tuskegee health center suing it, prompting strong words from the judge.

A deposition of former Birmingham Health Care CEO Jonathan Dunning was supposed to have been completed by this morning's hearing but it was disclosed that Dunning left the deposition before lawyers were able to ask questions of substance.

"It's been going on too long," Jefferson County Circuit Judge Tom King said. "It's not all good. ... I am highly suspect of a deposition that involves only background then it's 'Oh I have to go.' And you tell him [Dunning] that."

Birmingham Health Care lawyer Ken Dowdy said Dunning had to leave his deposition last week to be at an Alabama Beverage Control Board meeting that was scheduled the same day.

Central Alabama Comprehensive Care's lawyer John Johnson said they only had time to cover background information before Dunning left.

Dunning said at the onset of the deposition that he had another appointment and he answered questions for about two hours, the lawyers said.

"I wish you all had gotten me on the phone," the judge said.

King said the deposition in this case takes precedence over an ABC Board meeting.

"They can be called," King said. "And this hearing and deposition comes ahead of everything else. And he needs to understand that."

The judge said the deposition needs to be completed by the next hearing which he set for March 13.

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Birmingham Health Care lawsuit delay brings stern words from judge

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