NEWPORT NEWS — A Newport News Circuit Court judge denied a motion to have the trial involving a $ 2 million wrongful-death lawsuit moved to another city.
The family of Jacquelynn Schwartz filed the lawsuit late last year against medical company Conmed. Schwartz, 31, was found dead in her jail cell July 18, 2011 — three days after she was held in contempt by a Virginia Beach General District Court judge.
Jeff Rosen, an attorney for Conmed, argued that the case be heard in Virginia Beach instead of Newport News because the company doesn’t do substantial business in Newport News. During the Feb. 21 hearing, Rosen said that because Schwartz’s death occurred in Virginia Beach and there are potentially 35 witnesses from Virginia Beach who may testify, that the case should be heard there.
Thomas Albro, one of the attorneys representing the Schwartz family, argued that the company does substantial business in Newport News, which is grounds for the case to be conducted there.
“The court accepts the representation of the plaintiff as to the percentage of business the contract with Conmed for the Newport News City Jail and the Newport News Juvenile Detention Facility represents to Conmed’s business within the Commonwealth of Virginia,” Fisher wrote.
Conmed provides all the healthcare services for the Newport News Correctional Facilities, Fisher noted in his Feb. 22 order.
Schwartz, 31, was found dead in her jail cell July 18, 2011 — three days after she was held in contempt by a Virginia Beach General District Court judge. Schwartz’s husband, David LaClair, is suing Conmed and three nurses it employed. The three nurses were on duty while Schwartz was in the jail’s custody.
Conmed is a privately owned medical company used by the Virginia Beach Correctional Facility.
In response to Conmed attorney’s concern about witnesses commuting from Virginia Beach Fisher wrote “scheduling could be set up in the trial to avoid affecting the function of the Virginia Beach Sheriff’s Office.”
The case has been set for the March 11 court docket, when a trial date is scheduled to be set. The plaintiffs have requested a trial by jury.
