'DISTRICT COURT IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA AUG 28 NE ASHLEY LOVE, IS arent and next friend oi d: minor. lulle mimmwawii" Plaintifl, v. i SHADOW MOUNTAIN BEHAVIORAL HEALTH SYSTEM, LLC, and RIVERSIDE BEHAVIORAL HEALTH SYSTEM, LLC MARY F. Defendant. PETITION COMES NOW the Plaintiff. Ashley Love, as parent and next friend or-- a minor, and for her causes of action against the Defendants, Shadow Mountain Behavioral Health System, LLC, and Riverside Behavioral Health System, LLC (hereinafter referred to as "Defendants"), hereby alleges and states as follows. 1. That the Plaintiff. is a citizen of the State of Oklahoma and a resident of Tulsa, Tulsa County, Oklahoma. 2. That Defendants operate facilities offering behavioral health care services for children, adolescenls. and adults and offers specialized residential treatment for children and adolescents with reactive attachment disorder. Lot! 3. That Defendants are Foreign Limited Liability Companies operating in the State 36 Oklahoma. Petition -- Page i 0 Statement of Facts 4. That around November 2013, _was admitted to Riverside Behavioral Health System, LLC, located at 1027 E, 66'" Place, Tulsa, Oklahoma, specifically for reactive attachment disorder. 5. That on or about the of October, 2014, while within the exclusive care of the Defendant-sustained a broken arm. Based on information and belief, it is believed was being escorted by a male employee who was holding her arm when her arm was broken. First Cause of Act. gence 6. Plaintiff restate: and incorporates the allegations of paragraphs one (1) through five (5) above. 7. That Defendants had a duty to provide care Within reasonable professional medical and nursing standards to all residents, including 8. That during _s residency, Defendants failed to provide reasonable professional medical and nursing care to her. 9. That Defendants had a duty to undertake reasonable measures to provide proper care when eseoning residents so as to prevent injuries which it knew or should have known were likely to occur. 10. That Defendants failed to undertake reasonable measures to prevent - -frorn suffering injuries and/or the measures taken were inadequate. 11. That Defendants had a duty to follow the orders of treating physician so as to prevent injuries which it knew or should have known were likely to occur by not following the orders given. Petition Page 2 12. That the injuries o_ were the direct and proximate result of the negligence of the Defendants. 13. That the acts, conduct and behavior of Defendants were grossly negligent. performed knowingly, intentionally and maliciously and/or with reckless disregard for the rights of_for which she is entitled to punitive damages, to the extent authorized by the laws ofthe State ofOklahoma. Second Causc of Action: Breach nf Contract 14. Plaintiff restates and incorporates the allegations of paragraphs one (1) through thirteen (13) above. 15. That Defendants were contracted to provide reasonable care specifically for reactive attachment disorder. 16. The Defendants held themselves out as a provider offering specialized residential treatment for children and adolescents with reactive attachment disorder, 17. That Defendants were paid to provide -with specialized residential treatment for reactive attachment disorderr 18. That Defendants breached their contractual obligations and duties to- 19. That Defendants failed to provide with a safe and protective cnvirenrnent and further failed to provide her with appropriate care and treatment, and as a result of these failures,_ suffered neglect, abuse, significant personal injuries, and deterioration of her menLal and physical condition, all of which were collectively and/or individually caused by Defendants. Third Cause of Action: Negligent and Sugerv on Petition a Page 3 20. Plaintiff restates and incorporates the allegations of paragraphs one (1) through nineteen (19) above. 21. That Defendants knew or should have known that its employees were not a fit to attend to children diagnosed with reactive attachment disorder. In disregard of this knowledge, contrary to their own rules and policies, and contrary to good and prudent management policies, Defendants negligently retained, permitted and entrusted its employees with the care of- - 22. That Defendants are liable for the negligence of its employees pursuant to the doctrine of respondeat superior. 23. Also pursuant to respondeat superior, Defendants are also liable for punitive damages as a result of its employee's reckless and wanton conduct. 24. That the acts, conduct and behavior of Defendants and/or its employees were grossly negligent. performed knowingly, intentionally and maliciously and/or with reckless disregard for the rights of- to constitute fraud and oppression, by reason which Plaintiff is entitled to punitive damages, to the extent authorized by the laws of the State of Oklahoma. Summnu 25, Prior to said incident,_was in good health with a normal life expectancy, but as a direct and proximate result of the Defendant's negligence, Plaintiff has sustained damages for which she is entitled to recover. 26. Pursuant to the provisions of 12 0.5. 3226, Plaintiff submits this preliminary computation of damages sought in this lawsuit. As this is an action for injuries suffered by a minor. Plaintiff advises that all damages recoverable by law are sought, including those listed in OUJI 3d 4.2. As this is also an action to recover damages for breach of contract, Plaintiff advises that all Petition Page 4 damages recoverable by law are sought, including those listed in DUI I 23.51 and 23.53. Plaintiff is unable to guess or speculate as to what amount of damages a jury might award. The elements for the jury to consider include the following: A. 5'11 P?l . Plaintiffs physical pain and suffering, past and future; Plaintiffs mental pain and suffering, past and future; Plaintiffs age; Plaintiffs physical condition immediately before and after the accident. The nature and extent of Plaintiffs injuries; Whether the injuries are permanent; The physical impairment; The dis?gurement; The impairment of earning capacity after reaching the age of eighteen years; The reasonable expenses of necessary medical care, treatment and services required after reaching the age of eighteen years. WHEREFORE, premises considered, Plaintiff requests this Court enter judgment in favor of Plaintiff and against Defendants in an amount that could potentially be in excess of $75,000.00 for compensatory damages, in an amount that could potentially be in excess of $75,000.00 for punitive damages, together with pre?judgment and post-judgment interest, costs, attorneys? fees, and such other relief as this Court may deem just and proper. Petition Page 5 . i . . . LIEN CLAIMED Respectfully Submitted, Ashley S. g, 3025 Ashley S. Ma ng, PLLC Dorothy E. Heim, OBA #191 15 Dorothy E. Heim, PLLC dorothy@heimlegalservices.eom 4816 Classen Blvd. Oklahoma City, OK 73118 405-445-6155 405-848-4223 fax ATTORNEYS FOR PLAINTIFF ,W?l?t?l?m (M78 Petition Page 6