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DeMarco, Monday trial begins Monday morning

Published: Friday, Dec. 7, 2012 11:09 a.m. CDT • Updated: Friday, Dec. 7, 2012 11:10 a.m. CDT

A jury trial between plaintiff Frank DeMarco of American Administrators and Union County supervisor Lois Monday begins 9 a.m. Monday at the Union County Courthouse.

DeMarco, senior vice president of American Administrators, was Union County's health-insurance administrator for more than 20 years. But, he was dismissed in May 2011 when the board of supervisors voted to switch to Bernie Lowe & Associates of Ankeny.

Now, DeMarco is blaming county supervisor Lois Monday for lost business.

DeMarco filed a civil lawsuit in 2010 against Monday, alleging over the past three years, Monday made third-person false and defamatory comments that injured the reputation and maintenance of American Administrators.

According to court documents, DeMarco states those defamatory comments included:

• In August 2009, Monday stated to one or more individuals in the Creston city manager's office that DeMarco was a crook and a criminal, and that he lies and steals.

• In August 2009, Monday published an article in the Creston News Advertiser which stated DeMarco's conduct with respect to the county's health-insurance plan was "disgraceful" and "was not truthful in many remarks." In the same article, Monday implied DeMarco acted this way because he "likes the guaranteed commission check."

• In February 2010, Monday published an article in the Creston News Advertiser which stated DeMarco engaged in "double talk" and "innuendos" and had improperly "hid behind HIPAA." In the same article, Monday referred to DeMarco and his employees as "bulldogs" and recommended the city of Creston remove American Administrators as its third-party administrator.

In the judgment, DeMarco is asking for compensatory damages in the amount to be proven at trial, punitive damages, cost of this action, and all other relief deemed appropriate.

Witnesses that may be called next week submitted by DeMarco include: Mike King, Dennis Brown, Bob Brown, Bob Jansen, Ron Riley, Lisa Williamson, Tom Steigel, Brian Schon and Monday.

Witnesses that may be called next week submitted by Monday include: Craig Mittag, Mindy Schafer, Curt Turner, Linda Marley, Karon Finn, Mary Jane Weisshaar, Ruby Dibel, Dave Danielson, Sue Carson, Jamie Ray, Sandy Hysell, Tandy Steele, Skip Lowe, Tim Kenyon and Mary Moore.

DeMarco's attorney in this trial is Mark Sherinian and Monday's attorney is A. Zane Blessum. The trial is slated for four days. Jury selection will begin Monday morning.

How much will this cost the county? Tim Kenyon, county attorney, said this lawsuit will cost nothing to the county. The county's only involvement is the time given by county employees subpoenaed to give depositions. However, Monday said this lawsuit has already cost her several hundred dollars.

Trial information Who: Plantiff Frank DeMarco of American Administrators vs. Defendant Lois Monday What: Civil lawsuit When: Dec. 10, 2012 Where: Union County Courthouse Attorneys: DeMarco: Mark Sherinian; Monday: A. Zane Blessum

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