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Courthouse News Service Courthouse News Service

Judge Calls for Medical Records of Ousted Exec

DALLAS (CN) - The epileptic founder of W.R. Starkey Mortgage who says he was ousted because of his illness must turn over medical records, a judge ruled.

In a June complaint, William Starkey Jr. claimed that his former business partners, John Aspinwall and Scott Benson, took advantage of his epilepsy condition to seize control of the Plano-based company, and push him out for little to nothing.

Claiming that Starkey opened the door, the defendants sought production of the founder's medical records.

"Because of these allegations, and a count of intentional infliction of emotional distress asserted against the defendants, Starkey has put his physical and mental health at issue in this case," the five-page motion stated.

Among other things, the men want all of Starkey's medical and mental health records since 2000, as well as all documents referencing Starkey's health, mental condition and epilepsy during that time frame.

"To date, Benson and Aspinwall have not received any documents relating to Starkey's medical or mental condition," according to the motion authored by Crouch Ramey attorney Cole Ramey. "Instead, he has simply ignored Aspinwall and Benson's counsel's repeated requests for the documents."

Judge Dale Tillery granted the motion on Nov. 20.

"Accordingly, the court orders plaintiff to produce on or before December 3, 2012, all documents responsive to defendants' requests for production 15-19 and orders plaintiff provide defendants an original, executed medical records authorization and list of all known medical and health care providers," the two-page order states.

From its humble beginnings 11 years ago with only $1 million and two other employees, Starkey says the company grew under his stewardship to one of the top 25 mortgage firms in the country.

The company had its best year in 2009 when it processed $4 billion in loans and made more than $25 million in net income, according to the complaint. Aspinwall and Benson allegedly own approximately 14 percent of the company.

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