1981-01-19; Central Michigan Life

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Swimmer files suit against Central
by JOHN BARNES
LIFE Ass't. News Editor
A former varsity women's swim team member has filed a quarter-
million dollar lawsuit against the University.
In all, eight persons including Director of Women's Athletics Fran
Koenig, Health Services Director Dr. Howard Varney, and various
heads of CMU's Sports Medicine program have been named in the
suit by plaintiff Robin Ramsay, Holt sophomore.
The suit, filed in Ingham Cdunty 30th Circuit Court, Court of
Claims Division, alleges Ramsay had a violent allergic reaction to a
drug given to her illegally by student trainer Lisa Corner, Royal
Oak senior. Corner also is named in the 49 page complaint filed Dec.
9.
Ramsay denied comment when contacted by CM LIFE. Her
lawyer, William Malinoff, could not be reached for comment.
According to the complaint prepared by Malinoff, Ramsay con*
suited Corner last Feb. 5, regarding a throat ailment and was given
the drug tetracycline, an antibiotic.
The suit alleges that Corner, a member of the Sports Medicine
program, held herself out as able to diagnose Ramsay's sore throat.
As a result of the treatment, Ramsay allegedly developed extensive facial rashes, pain from irritated eyes, shortness of breath,
periodic photosensitivity out-of-doors that persists today, and
"great and unnecessary anguish."
Malinoff contends CMU, through its "agents," violated the
Michigan Public Health Code by: *
—allowing Corner to engage in the "unlicensed, unauthorized
practice.of medicine."
—allowing the drug to be given without a prescription.
—allowing the "unlicensed, unauthorized practice of pharmacy"
by storing and distributing drugs as part of the Sports Medicine
program in Rose Center.
—allowing Sports Medicine Coordinator Ken Kopke, and licensed
trainers Ron Sendre and Linda Treadway, both physical education
instructors, to dispense and store drugs in the Rose Arena training
room.
Moreover, the suit contends that:
— Dr. William Fishbaugh, former Alma physician' now practicing
in Boston but who was contracted by the University, is guilty of
negligence for approving selected acts, such as the distribution of
tetracycline to Sports Medicine students "unqualified to perform
such acts as required by the Health Code."
— Sendre failed to send Ramsay to a "competent physician" once
he had recognized she was suffering from an allergic reaction.
• —Varney failed to adequately examine and treat Ramsay when
contacted by her for "obvious symptoms of an allergic reaction to
drugs."
—University Counsel J. David Kerr and Koenig reviewed and
ratified Corner's acts as being "proper medical procedure,"
Calling the complaint filed by Malinoff basically a "negligence
suit," Kerr was skeptical about how it might hold up in court.
"I think there is a serious question as to whether Mr. Malinoff,
even though, he has 197 paragraphs (in the complaint), even has a
lawsuit," Kerr said.
(See "Lawsuit"—page 11)
■   I rr
Central Michigan LI it
Vol.62   No.47
© 1981 CM LIFE
Mount Pleasant, Michigan 48859
12 pages
Jan.19,1981
CM UFE/Bonnh Tnfht
Wipeout
Although it is only the second week of school, many students have gotten
into the habit of studying at the library. Hitting the books proved too much for
Murry Lindhout, Rockford senior, who fell asleep late Saturday afternoon in
Park Library:
Pub owner to change
bar admittance rules
bySCOTTFOSGARD
LIFE Staff Writer
Anyone under 21 years of age will not be
allowed in Sir Richard's Pub, 106 N. Court, as of
Feb. 1, according to owner Rick Swindlehurst.
Swindlehurst said presently he is prohibiting
anyone from his bar who is not' accompanied by
someone who is 21.
Jim Horn of the Michigan Civil Rights
Department said, by law, a person cannot be
denied the accommodations of a public place
because of age. He cited Section 302 of the Elliot-
Larson Civil Rights-Act.       -   ..-*•■..-.,..     —*. feW..
Horn said the law has been in effect since 1976.
Swindlehurst said he is only responding to a
ruling by the Michigan Liquor Control Commission which says "no one under 21 can be
served, possess or consume alcohol in the bar."
Bar owners can "only interpret it one way," he
added. Swindlehurst said this means he can't let
18- to 20 year olds in the bar.
"If you're not 21, there's no point coming in.
We're not trying to raise hell with the kids, I'm
trying to be reasonable. I have to be going with
the will of the people.
"There's no way to control it unless you keep
them out," Swindlehurst said.
A  representative  for  the  Michigan  Liquor
Control Commission said he expects a bill to be
tatriJiiuced ,in. the near, future that wouifLaJlaw,-
bar owners to turn away patrons under 21.
(See"Bars"*-pagetl)
Two CMU students die
following auto crash
New trustees Join Board
A weekend ski outing ended
in death for two CMU students
early Saturday morning
following a head-on car collision
near Cadillac.
Timothy Hauenstein, Howard
City    sophomore,    and    David
by JOHN BARNES
LIFE Ass't. News Editor
Alice Tomboulian, a former
state legislator, and Raymond
LaBounty, a retired Eastern
Michigan University administrator, have been named to
the CMU Board of Trustees by
Gov. William G. Miiiiken.
Tomboulian and LaBounty
replace     former     Trustees
Lawrence Rahilly and James
Umphrey respectively, both of
whose terms expired Dec. 31.
The terms of the two new
appointees expire Dec. 31,1988.
Tomboulian, of Rochester,
said Sunday that though the
governor's announcement
Friday was "not a total surprise," she was "very pleased"
nevertheless.
"I still need to become
familiar with the University and
some of its positions but I
certainly can say that my overall
allegiance is to a higher quality
of education for students and for
better opportunities for
students and faculty both,"
Tomboulian said.
A Democrat, Tomboulian
served two years in the state
House as a representative from
the 61st i District, but was
defeated for re-election last
(See "Trustees"—page 11)
CM LIFE corrects error
It was incorrectly reported in Friday's LIFE
that the person arrested in Thursday's drug raids
named Thomas Clark was a CMU student.
Clark, accused of selling LSD, is a 20-year-old
Shepherd resident. He was identified as the
Thomas Clark who is a 20-year-old sophomore
from Grand Rapids attending CMU.
Thus, there were actually five, not six, CMU
students arrested.
LIFE regrets the error.
The Isabella County Prosecutor's Office
corrected its press release concerning the charge
against one of the CMU students, Richard G.
Groh. It incorrectly stated GrOh was charged
with selling quaaludes.
Groh, Rochester junior, actually was accused of
aiding and abetting the delivery of quaaludes.
David Vandenberg
Vandehberg, Lansing freshman,
died at Cadillac's Mercy
Hospital following the two-car
accident Friday evening according to a state police officer.
Also killed was the driver of
the second vehicle, John F.
Marciniak, 28, of Mesick. He was
dead at the scene.
Two other students,
passengers in the Hauenstein
vehicle, sustained injuries.
Deborah Cramer, Grand Blanc
freshman, was admitted to
Mercy Hospital with a fractured
lower back and Sunday was
transferred to an Ann Arbor
hospital. The fourth passenger,
Rodney Armstrong, Dearborn
freshman, was treated and
released.
Hauenstein, Vandenberg and
Armstrong all were roommates
in Thorpe Hall.
Hauenstein, a member of the
CMU men's gymnastics team,
and Vandenberg, a high school
cross country star, were
remembered as "damn friendly"
by Thorpe Hall President Mark
Menacher.
"We're going to miss them,"
he said. "They got along with
everyone.
"Death is a hard thing to face,
but I think they'd rather see us
carry on and not let it bother us
too much,'' he added.
The four students had been
skiing at Crystal Mountain
Friday,        said    Jeff    Kuhn,
Muskegon freshman. Kuhn said
he had skiied with Vandenberg a
few times before the four left for
Mount Pleasant around 10 p.m.
Timothy Hauenstein
The Hauenstein vehicle, a
1978 Jeep, was southbound on
M-115 when Marciniak drove
into the other lane, said the
state police officer.
There must have been "a hell
of a lot of speed " involved in the
accident, the trooper said,
(See "Deaths"—page 8)
In Brief
Students who have not yet picked up their
Winter Semester enrollment verification cards
may do so today to Friday from 12 to 4 p.m. in
the foyer of second floor Warriner Hall.
Campus
CMU is reviewing
its current phone
system.
page 3
The Film Co-op once
again is offering a
variety of movies to
the University
community.
page 6
Sports
Despite 38 points
from Melvin McLaughlin, the CMU
men's basketball team
fell to Bowling Green,
96-94, Saturday.
page 9
Index
Arts and Leisure .., 6
Classifieds. \\
Comment % 4
Doonesbury ........ t,.. .4
Horoscope \\
Off the Wire 2
Sports 9
Spotlife .^... 11
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