Dr. Alan D. Moy’s Version of the Hippocratic Oath
Floyd County is wealthy, financially, educationally, and in the medical resources we have. We have two thriving medical centers, Redmond Regional, and Floyd, and some of the best heart and osteo medicine practiced in the state.
We have a plethora of doctors, nurses, and other medical practitioners, as well as a technical college, Coosa Valley Technical College, which feeds this medical community. Of course, we also have the legal community to support this megalopolis of medicine, as well.
But, no matter the discipline, and no matter how wonderful a community can be, there are bad apples lurking to spoil the whole bunch. It is not in the practice of medicine which we find fault with our subject this week. NO, in fact, it is lack of practice of medicine which we not only find fault, but find obscene.
According to court documents, filed in the Floyd County Superior Court in December of 2007, Dr. Alan D. Moy, a Redmond Emergency Physician, caused a wreck on Old Dalton Road, after weaving all over the road, and forcing Phillip Williams off the road, into a ditch.
But not only did Dr. Alan D. Moy allegedly cause this horrific accident, but after doing so, Dr. Alan D. Moy, a medical doctor with an Emergency Specialty, allegedly fled the scene of the accident. This sort of response is not only criminal, it is OBSCENE.
Mr. William’s injuries were so severe, that after being transported to Floyd Medical Center, he had to be air lifted by Life Force, to Erlanger Medical Center in Chattanooga.
How do we know it was Dr. Alan D. Moy who caused the accident?
There were three witnesses to this horrible event, in addition to the victim, Phillip Williams. Witness #1, a retired law enforcement individual, whom we will call “RLE”, and two young women, riding together in the same vehicle, whom we will call “YW1” and “YW2”. Each witnessed Dr. Moy weaving, witnessed the actual accident, and then gave statements to the responding State Trooper.
According to RLE, he passed Dr. Moy, who was pulled over to the side of Old Dalton Road in his big Yellow Hummer, talking to someone, across from the driveway of what turned out to be Dr. Moy’s residence off of Old Dalton Road. As RLE drove past, slowly, his law enforcement training caused him to take note the driver of the Yellow Hummer. RLE described the driver as having dark hair, slightly graying on the temples, and possessing almost oriental facial features. As RLE drove past, Dr. Moy and his Yellow Hummer pulled out behind RLE.
Shortly after, YW1 and YW2 pulled out on to Old Dalton Road from their residence, behind Dr. Moy’s Yellow Hummer.
What all three witnesses noticed was that the Yellow Hummer kept weaving all over the road, as it drove down Old Dalton Road towards Martha Berry Highway.
RLE pulled into a driveway off of Old Dalton Road, in time to see an oncoming car meet the Yellow Hummer, which at that point was in the on coming car’s lane. YW1 and YW2, watched in horror as the driver of the on coming car, Mr. Phillips, veered off the road, and flipped into a ditch, in order to avoid the Yellow Hummer.
As the three witnesses responded, the Yellow Hummer sped away, never even stopping to check on the victim in the car.
When the Georgia State Patrol arrived, the three witnesses each gave their statements to the officer. Shortly after giving his statement to the State Trooper, RLE drove back to where he knew Dr. Moy lived. By then, the Yellow Hummer had circled back to its point of origin, Dr. Moy’s home off of Old Dalton Road, and was parked backwards so that the license plate could not be easily seen.
At that point, RLE drove back to the scene of the accident, and reported to the State Trooper and to the Floyd County Police Officer who was also there by then, to let them know that Dr. Moy was indeed home again, and that they could go question him
But on that 28th day of June, in 2007, neither the State Trooper nor the Floyd County Police Officer took the three eye witnesses at their word, and no one went to question Dr. Moy. No one took the word and physical description of the driver nor the description of the vehicle, a Yellow Hummer, by a retired police officer.
No one took the word of two young women, both who knew Dr. Moy, and knew Dr. Moy’s vehicle, a Yellow Hummer.
How many people in Floyd County, Georgia have a Yellow Hummer, and indeed, had a Yellow Hummer, on June 28, 2007?
How many people in Floyd County, have a Yellow Hummer AND live on Old Dalton Road where the accident occurred?
Why did the Georgia State Patrol or the Floyd County Police NEVER question Dr. Moy?
Well, here’s a surprise. Just last week, the Georgia State Patrol explained that they did call Dr. Moy, but when they did, Dr. Moy had already “lawyered up”. So, they did not pursue it further.
It has been left up to civil attorneys to file a civil complaint to get justice from a doctor who allegedly caused, and then left the scene of, an accident. But here’s another big surprise. Dr. Alan D. Moy’s attorneys have been avoiding discovery. He has refused to answer most of the basic question in the Interrogatories, and avoided producing many documents. You know - questions about past driving record, and DUI’s and such from California and Arizona where he practiced prior to coming to Rome.
Best of all, his attorneys convinced Judge Bryant Durham to sign an Emergency Stay of Deposition. On February 22, 2008, Floyd County Superior Court Judge Bryant Durham signed the Emergency Stay, until a postponed hearing could be held. Well, that postponed hearing was held this past Thursday morning, May 1, 2008, and Judge Bryant Durham told the victim’s attorneys that he needs a little more time to make a ruling on whether or not Dr. Alan D. Moy has to answer discover or appear at a deposition.
Now, I like Bryant Durham. But really, this case could be resolved so easily, if Dr. Moy was compelled to answer a few question about his driving record, and forced under oath to talk about the accident. There are really no monumental questions of law in this discovery phase - just a few lawyers stalling to up the 180 days of discovery deadline time. Did we mention that in their initial letter to Judge Bryant Durham, that Moy’s attorney, J. Clinton Sumner, of Magruder and Sumner, mentioned to the judge that they were co-counsel with Chris Twyman?
This is not anything unusual, when an attorney out of his league for a particular case, associates with one who knows what the heck he is doing. But it just so happens that Chris Twyman is a partner in Judge Bryant Durham’s old law firm, renamed now to Cox, Byington, Corwin, Niedrach Smith & Twyman. I also noticed, when standing at the courthouse reading through the file, that some documents filed by Sumner, on behalf of Moy, AFTER the letter to Judge Durham, that Chris Twyman is not even copied.
Curious.
So, I am wondering a few things.
1) Does Redmond Emergency Physicians have any sort of clause in their contract with Dr. Moy, which requires that he lead a personal life of good moral character?
2) Is it too late for the Georgia State Patrol or the Floyd County Police Department to investigate this criminal act of causing an accident and LEAVING the SCENE of an accident, when there are three, very reliable eye witnesses?
3) Is it too late for criminal charges to be brought against Dr. Moy, and if so, can he also be charged for leaving without providing medical treatment, which he so obviously could have?
4) We are quickly approaching the one year anniversary of this accident. What will this County do with regards to holding a member of the medical community accountable? Are doctors above the law? Are they held to a different, lesser standard of conduct and legal responsibility than the rest of us?
5) What will the medical community do with regards to holding this doctor accountable?
6) What will be the legal community’s remedy for this alleged crime?
Teresa Watson
Comments (7)
Doctors, As we all know are very valuable to our community and should be appreciated for the service they render. However, the above described situation reeks of cronyism. It is well known that the Floyd County Police turn a blind eye from time to time for such folks as Newspaper Editors, Sitting Judges who cause more than one traffic accident while drunk and all Lawyers and LE who come under scrutiny. Is it hard for the Public to believe that Police Officers actually have parties, drink more than they should and sometimes break the Law, Of course it is. Does anyone believe that any Law enforcement Officer would arrest and charge another if he caught him coming from a Party while intoxicated. The answer is NO!!. There are many good solid people working for the County Police and I do believe the Chief is doing the best job he can. The State Patrol is just as guilty if they did in fact let this travesty occur on their watch and right under their noses. The final question is simple, Are these two Law enforcement agencies who compete with each other on a daily basis going to be held accountable for not handling this matter better? I really hope that they have a good legal reason for letting this person slide, be he a Doctor, Lawyer, Merchant, or thief. Our LE folks are so important, they don’t need to sully their reputations by protecting this Doctor.
Dear Blue Eyes,
I have gotten more evidence, and now know that Floyd County was sent on their way by the GSP Trooper, Hobbs. Hobbs seems to make everyone think he will be tracking down the good leads…he told each witness that these were great leads, he told other First Responders, he even told a news person on the scene.
But that was a year ago, when the GSP Trooper sent them all on their way, promising to follow up. ONE FULL YEAR!
I have it on good authority that the GSP is attempting to put it off on FCPD, but everyone else says GSP promised to take this on last year at the accident scene.
TW
This is very disturbing to me. LE often pleads with the public to come forward with any information concerning these types of situations. Here we have reliable witnesses being ignored. The bottom line for me is the Doctors lack of response for the accident he aledgedly caused and his reckless disregard for the victim. Thank God someone was there to offer assistance.
Georgia State patrol is investigating the accident…………………………………………………..Floyd County was there to assist with traffic congestion………………..I don’t understand the reasoning of not printing the names of the witnesses and the investigating Trooper when they are public information…………..sounds like the lack of information makes the story more interesting……………………..Blue Eyes is out of her league when speaking of the investigation as the majority of police officers these days take great pride in locking up the most privileged of society (including their fellow officers)…………………………….It sounds to me like none of the witnesses could say “It was Dr. Moy driving”…………….however, with the evidence as described, the Trooper should have conducted a photographic line up to see if any of the witnesses could pick out Dr. Moy; talk to neighbors to determine a time line of when the good Doctor left and returned; try to locate whoever he was talking to on the side of the road just prior to the accident…………………..the problem with the photo lineup is this: IF the witnesses KNOW Dr. Moy, but can’t say he was driving, only that it was his vehicle, then a photo lineup is useless because they will obviously know which one is Dr. Moy…………..Was a photo line-up done and if not, why?……………….The victim should contact Georgia State Patrol (and not just the local barracks) and find out what was done in the investigation……………………………….there are tactics that can be used even when the good Doctor “lawyers up”………………….
By the way Room, police do not beg you to help them, they beg you to help yourselves……………………….and that gets tiring and can harden the most veteran of officers……………………….
Cops: Damned if you do, Damned if you don’t.
Dear RGS,
The names of the witnesses are in the accident report, but not in the Pleadings. I want to wait until they have had a chance to be deposed. The GA State Patrol is blaming Floyd County. HOWEVER, a GSP source has helped with this, and I have seen more than enough to know that the GSP has left this slide for almost a year.
I have more evidence than I can reveal at this time, to protect sources, HOWEVER, I may be able to reveal it by next week. I will be sending a GORR this week, for the GSP Trooper’s video.
Trust when I say, it is very obvious from the evidence that Floyd County was sent on their way, and it was left to the GSP Trooper to track the good doctor down. The GSP HAS NOT BEEN INVESTIGATING This until the last week or so. They have been playing the blame game on Floyd County PD. The FLoyd County response had to leave to attend to another couple of accidents.
TW
True RGS, I could have worded that better. I have been on the receiving end of one encounter with a police officer. I was at fault and took my medicine. I except responsibility for the stupid things I do. I do know that politics play a part in LE. There isn’t always someone higher up you can trust to back you up in something like the story above. It sounds like the cops did what they were told to do. They’re not GOD, they have others above them and if they fought every call they didn’t agree with there would be little time for anything else. And yes, it is a case of helping yourself, when you give information to LE. Every wrong, righted, is a step in the right direction.
RGS, So predicatable. I could write it for you, except I would be lying. You, never having been on the other side of the street have no clue what the real world (outside LE) is like. Bless your heart that tunnel vision is showing thru again. But thats your opinion, and you are welcome to it. Good read!!
MIB, sounds like TW’s research and informants have backed up my summation……………………………………sorry if that chaps your behind.
TW, jargon for “investigating the accident” is “responsible for investigating the accident”……………………..should have been clearer, but I assumed my unanswered questions as to why certain investigative techniques and followups were not conducted show my suspicions that this was a sloppy investigation, if one at all………..
My posture towards this not being Floyd county’s fault came from your question 4 in which you ask what “this county” is going to do about it, and blue eyes assertion that this was another example of the county police “turning a blind eye” (and I had to laugh out loud at his/her assertion that the police would let a lawyer get away with a crime ((there are numerous examples to prove otherwise))) and it just doesn’t work that way….the county can’t take an accident investigation, probably screwed up by GSP, and just take it over and charge the good doctor………………..
One of the reasons that police officers should be high caliber folks, is that the first one assigned to an investigation can screw it up for everyone………………….even if the GSP begged floyd county to re-investigate the accident and they charged Dr. Moy, Trooper Hobbs would be Dr. Moy’s star witness…………….”Did you determine that there was probable cause to arrest Dr. Moy?” (to which the trooper must answer No or be prepared to explain why he neglected his duties)………..”No sir, I didn’t”……………………”and you’re a STATE TROOPER, and this county officer is just a lowly paid, undereducated public servant”…..whose word would you take as a juror?????????????? More importantly, would the trooper’s opinion raise some doubt in your mind?????
If you’re going to pay your officers with rusty steel, don’t cry and whine when you don’t get gold-plated justice…………………..
Dear RGS,
As I posted in my response to yours the other evening, you are right, it was not Floyd County who neglected…it was GSP. FCPD was sent on their merry way, to tend to other accidents, as there were several that day, in a short period of time.
But GSP has circled the wagons, according to the first source I had, and now some others who have come on since I posted my story. GSP is blaming, or did recently blame, FCPD.
I have such respect for the GSP. I have always been treated with such fairness and respect, (Not that I’ve EVER gotten a ticket - in Marietta, or down in Early County - LOL).
But this should not be covered up. A thorough investigation should be had, so the victim can get some much needed help.
TW
I spoke to Ted Kennedy and he said the only reason to leave the scene of an accident was “If you were drinking or on drugs” Sounds good to me !!!
Dear 2Funny,
Ted kennedy, now there’s a fine Chap…He would know. LOL
TW