482-4418
Wednesday, April 3; 2013
See Aces' Roundup
— sa 50«
Former EMS director settles lawsuit for $50K
Toppin claimed county
denied her free speech
By RITCHIE E. STARNES
Editor
The former director of the
Emergency Management Ser
vices has settled her federal law
suit against Chowan County for
$50,000.
Through her attorney, Lloyd C.
Smith, Angela L. Toppin said she
would have taken less money in
the March 6 settlement if county
leaders had apologized for ru
ining her reputation. Former
County Manager Peter Rascoe
Jury
absolves
doctor,
hospital
From staff reports
A Chowan County jury
ruled that neither an ob
stetrician nor Chowan
Hospital were negligent
in a medical malpractice
lawsuit.
Court records show the
jury of 10 women and two
men determined March 20
that neither former Edert
ton doctor Michael David
Gavigan nor then Chowan
Hospital were negligent
in the July 9,2005 birth of
Roy Lee Brothers. Because
of complications due to a
prolapsed umbilical cord
at the time of delivery,
Brothers now suffers from
developmental delays.
Attorneys for birth
mother Lakisha Wiggins
alleged that the delayed
actions of Gavigan and the
hospital led to a lack of ox
ygen to Brothers’ brain at
the time of birth.
Because neither defen
dant was found negligent
in the first phase of the
long-awaited trial, there
was need for the second
phase of the hearing when
monetary damages are de
termined.
Opposition mounts
against development
By REBECCA BUNCH
Staff Writer
Edenton’s planning
board decided Monday
night to delay action until
its May 6 meeting on a re
quest for a conditional use
permit for a proposed new
housing development.
Board chairman Craig
Miller said the delay would
allow planning board
members to review a mar
ket study being utilized
by Raleigh-based Carolina
Project Equities, LLC. The
firm wants to construct
72 multi-family units on
property located at 1311
Paradise Road. Town Plan
ner Sam Barrow said that
0
©2009 The Chowan Herald
All Rights Reserved
demoted Toppin after she spoke
out during a commissioners’
meeting about how budget cuts
would adversely impact EMS.
On behalf of Toppin, Smith
filed suit May 16, 2011 alleging
that Chowan violated her First
Amendment right to free speech
with a “retaliatory” demotion.
Last Thursday, Smith applauded
his client for standing up for her
rights.
“Very few people would hire a
lawyer to defend her constitution
al right,” Smith said. “She lost
her job and her reputation. The
way it was handled besmirched
her reputation. She would have
taken a lot less money for an
GG-CELLEN
the 7.1-acre tract designat
ed for construction of the
project known as Patriot’s
Pointe is part of what was
originally the Beech wood
development property,
which is zoned R-5 for resi
dential use.
Carolina Project’s Mark
Tipton said that he be
lieved the project in ques
tion would benefit the
community because of the
care that would go into the
project.
“We will own it, we
will manage it, we will be
there,” Tipton said, adding
that the company would
have an on-site manager
and maintenance person.
“We keep a very good envi
ronment for our tenants.”
Tipton said that while
the project in question
would be considered af
fordable, income-based
housing he did not see that
as a negative. He said the
company’s past develop
ments have attracted pro
fessional people looking
for a well-maintained place
apology.”.
In a May 2,2009
commissioners’
meeting, Toppin
publicly reftited
Rascoe’s com
ments that pro
posed EMS bud
get cuts would „_
not pose any Toppon
risks of departmental services.
When the meeting was later
opened for public comment, Top
pin informed the commission
ers that she never indicated that
budget cuts would not jeopardize
EMS services, the lawsuit stat
ed.
“She felt like that she was
to live and that he did not
expect Patriot’s Pointe to
be any different.
That approach, Tipton
said, would lead to growth
in the community.
“(Patriot’s Pointe) is go
ing to really increase prop
erty values,” Tipton said.
“It will allow this area to
grow instead of sitting dor
mant as it has for the past
few years.”
But others, including
Miller and fellow plan
ning board members Bill
Moore and E.C. Toppin,
questioned whether that
was true.
All of them questioned
where the people who
would be moving into the
development would find
jobs in a town where the
unemployment rate holds
steady at about 10 percent.
“You said one thing that
puzzles me,” Toppin said
to Tipton. “You talk about
working people (moving
into Patriot’s Pointe) but
See PLANNING, 2A
trying to warn the public about
safety,” Smith said.
“It’s not easy going against the
county,” he added. “She took on
the machine to protect her con
stitutional right.”
Two days later Rascoe demot
ed Toppin via a letter for “openly
criticizing the management ser
vices of your direct supervisor.”
She was accused of insubordina
tion and willful disregard to the
chain of command, which under
mined county services, the suit
stated.
Toppin was later granted a
grievance hearing by commis
sioners whereby her demotion
was upheld.
Holmes’ senior battles cancer
Diagnosed with Hodgkin’s lymphoma
By REBECCA BUNCH
Staff Writer
This time of year high
school seniors are usually
consumed with thoughts
of the prom and gradu
ation. Nicole Sorey is
among those excited
about winding down the
school year with memo
rable events. Sadly, her
mind is also preoccupied
with a diagnosis of Hodg
kin’s lymphoma.
Sorey, 17, has been
diagnosed with Stage 2
Hodgkin’s lymphoma.
An active teen that vol
unteers with the sports
medicine team at Holmes,
Sorey said her first sign
something was wrong be
gan with a lingering sore
throat. The sore throat
would not go away.
Her mom, Tricia Bate
man, said that Nicole
came home one afternoon
complaining of a sore
threat
STAFF PHOTOS BY RITCHIE E. STARNES
Some 25,000 eggs await a swarm of
children during the annual Easter egg
hunt held at the American Legion Fair
grounds, Sunday. The hunt and festivities
were sponsored by Open Door Church.
Worshipers gathered at the waterfront for
a sunrise service, Sunday.
“I feel
like I have
some
thing in
my throat
when I
swallow,”
Bateman
remem- _
bers her aorey
daughter saying.
At first, there did not
seem to be any cause for
alarm, Bateman said. Her
son had been suffering
from a cold already, she
said.
On March 25 at Vidant
Medical Center in Green
ville the family got the
news that no one wants
to hear about a loved one
— Nicole had cancer.
“She had a biopsy and
that’s when we got the fi
nal diagnosis," Bateman
said.
Sorey began four
months of chemotherapy
last week — an experi
ence she describes as
But, an apology could have ■
been much more costly. Once
the lawsuit was filed the matter
became the responsibility of the
county’s liability insurance car
rier, said John Morrison, an at
torney representing Chowan.
“The county’s hands are some
what tied,” Morrison said. “The
settlement is being paid with
insurance proceeds. The insur
ance company gets to determine
whether you settle or litigate. If
we don’t (follow the insurance
company’s instructions) the in
surance doesn’t cover and we’re
on our own.”
SeeT0PPIN,2A
leaving her feeling “just
really tired.”
Hodgkin’s lymphoma
— formerly known as
Hodgkin’s disease — is a
cancer of the lymphatic
system, which is part of
the immune system.
In Hodgkin’s lympho
ma,, cells in the lymphatic
system grow abnormally
and may spread beyond
the lymphatic system. As
Hodgkin’s lymphoma pro
gresses, it compromises
the body's ability to fight
infection, according to
information provided by
the Mayo Clinic.
Hodgkin’s lymphoma is
one of two common types
of cancers of the lymphat
ic system. The other type,
non-Hodgkin’s lympho
ma, is far more common.
With treatment under
way Sorey must be ex
tremely carefhl to avoid
germs and is wearing a
See SOREY, 2A
c
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