STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE. vs.

Transcription

1 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE HOWARD LINDEN, as Personal Representative for the Estate of I NAYAH WRIGHT TRUSSEL, and JANEE WRIGHT-TRUSSEL, Individually, vs. Plaintiffs, Case No. 15- NO HON NO CITY OF DETROIT, DETROIT FIRE DEPARTMENT and ANN MARIE THOMAS, Defendants. / GEOFFREY N. FIEGER (P30441) FIEGER LAW FIRM Attorneys for Plaintiff West Ten Mile Road Southfield, MI (248) / COMPLAINT AND JURY DEMAND There is no other pending or resolved civil action arising out of the same transaction or occurrence alleged in the complaint. /s/ James S. Craig FILED IN MY OFFICE WAYNE COUNTY CLERK 7/20/ :40:51 AM CATHY M. GARRETT COMPLAINT AND JURY DEMAND NOW COME Plaintiffs, HOWARD LINDEN, as Personal Representative for the Estate of I NAYAH WRIGHT TRUSSEL, deceased, by and through their attorneys, The FIEGER LAW FIRM, and for their Complaint against the above named Defendants state as follows: 1

2 COMMON ALLEGATIONS 1. At all times relevant hereto, Plaintiff s decedent, I NAYAH WRIGHT TRUSSEL, was an infant living with her mother, JANEE WRIGHT-TRUSSEL, in the City of Detroit, County of Wayne, State of Michigan. 2. That HOWARD LINDEN has been duly appointed Personal Representative of the Estate of I NAYAH WRIGHT TRUSSEL by the Wayne County Probate Court. 3. Upon information and belief, Defendant ANN MARIE THOMAS was/is a resident of the City of Detroit, County of Wayne, State of Michigan. 4. That Defendant, CITY OF DETROIT, is a chartered municipal corporation, organized and existing under and by virtue of the laws of the State of Michigan. 5. That Defendant DETROIT FIRE DEPARTMENT is a department of the CITY OF DETROIT operating EMT services in Wayne County for the CITY OF DETROIT. 6. At all times relevant hereto, Defendant ANN MARIE THOMAS, was a certified EMT Technician employed by the CITY OF DETROIT and assigned to the DETROIT FIRE DEPARTMENT as an EMT first responder. 7. That the acts, errors and omissions enumerated herein, which amount to gross negligence, were committed by Defendant ANN MARIE THOMAS while she was acting within the course and scope of her employment with the CITY OF DETROIT. 8. That Defendants are not immune from suit by governmental immunity for claims of gross negligence and/ or intentional infliction of emotional distress. 9. That the acts, transactions, occurrences, and/or omissions occurred within the City of Detroit, County of Wayne, State of Michigan. 2

3 10. The amount in controversy herein exceeds the sum of Twenty-Five Thousand ($25,000.00) Dollars exclusive of costs, interest, and attorney fees. FACTUAL ALLEGATIONS 11. On May 30, 2015, an eight-month-old infant girl named I NAYAH WRIGHT TRUSSEL, residing at Glastonbury Road in the City of Detroit, stopped breathing. 12. The infant s mother, JANEE WRIGHT-TRUSSEL, immediately called her grandmother, Pamela Thomas who then called 911 to summon emergency medical assistance. 13. The call was relayed to CITY OF DETROIT Emergency Medical Services who stated that an EMS unit would be dispatched to the residence forthwith. 14. That Defendant, ANN MARIE THOMAS was then dispatched to the scene and told that a premature baby was struggling to breathe and that she needed to make the scene. 15. Subsequently, the infant s mother, JANEE WRIGHT-TRUSSEL called 911 again, telling them that her eight-month-old girl, I NAYAH WRIGHT TRUSSEL had stopped breathing and that she needed help immediately. 16. After being instructed to go to the scene, ANN MARIE THOMAS drove toward the location of Glastonbury Road. When she arrived, instead of rushing to help save the infant's life THOMAS parked her emergency vehicle around the corner from the house where the infant, I Nayah Wright-Trussell lay struggling to breathe. 17. THOMAS then waited six minutes before telling dispatchers that she didn't want to help stating: I m not about to be on no scene 10 minutes doing CPR, you know how these families get. 3

4 18. City dispatchers however, pleaded with her to go help the baby stating: I m going to need you to make that scene. You re going to have to make patient contact. 19. THOMAS however, refused and would not go to the house to assist the baby's distraught mother Janee Wright-Trussell. 20. Eventually, another EMS unit arrived to the home and began to administer CPR. A few minutes later I NAYAH WRIGHT TRUSSEL was taken to Sinai-Grace Hospital by a different ambulance, but died the next morning. 21. Following her death CITY OF DETROIT authorities carried out an internal investigation into the incident and determined that the actions of EMT THOMAS directly contributed to an approximate 19 minute response time delay and terminated her employment with the Detroit Fire Department. COUNT I GROSS NEGLIGENCE ALL DEFENDANTS 22. Plaintiffs hereby restate and reallege Paragraphs 1-21 as if fully set forth herein. 23. That on May 30, 2015, Defendant, ANN MARIE THOMAS was informed that an eight month old baby girl was in desperate need of medical treatment. Defendant, ANN MARIE THOMAS had enough information that I NAYAH WRIGHT TRUSSEL was suffering from an emergency and required immediate medical attention. 24. After being notified and instructed to make contact with decedent, ANN MARIE THOMAS demonstrated conduct so reckless that it demonstrates a substantial lack of concern for whether any injury would result to the decedent, an eight month old infant girl. 4

5 25. That by ignoring and failing to respond to Plaintiff s decedent, I NAYAH WRIGHT TRUSSEL s emergency medical condition Defendant ANN MARIE THOMAS acted recklessly and was grossly negligent. 26. At all times relevant, Defendants, ANN MARIE THOMAS should have made contact with Plaintiff s decedent, I NAYAH WRIGHT TRUSSEL to provide immediate medical attention. 27. Defendants ANN MARIE THOMAS outright refusal to respond to provide medical attention to Plaintiff s Decedent, I NAYAH WRIGHT TRUSSEL amounts to intentional, extreme, and outrageous conduct. 28. Upon all information and belief, when EMS finally arrived to the home on Glastonbury Road, I NAYAH WRIGHT TRUSSEL was then given CPR and taken to Sinai Hospital whereupon she later expired due to the Defendant s gross negligence and/or reckless misconduct. 29. At all times relevant had Defendant timely and appropriately responded to the 911 phone call(s) Plaintiff s decedent, I NAYAH WRIGHT TRUSSEL would not have suffered the injuries complained of including, conscious pain and suffering and eventually death and JANEE WRIGHT-TRUSSEL would not have suffered the injuries complained of including but not limited to emotional injuries. 30. At all times relevant hereto, Defendant, ANN MARIE THOMAS had a duty to refrain from committing acts of intentional misconduct, acts of malfeasance, and gross negligence. 5

6 31. At all times relevant hereto, Defendant, ANN MARIE THOMAS breached said duties and committed acts of intentional misconduct, acts of malfeasance, and gross negligence, including, but not limited to, the following: a. Failing to timely response to administer emergency medical treatment to Plaintiff s decedent, I Nayah Wright Trussel; b. Engaging in conduct so reckless that it demonstrates a substantial lack of concern for whether any injury would result; c. Intentionally causing Janee Wright-Trussel to suffer extreme emotional distress; d. Actively withholding medical assistance to I Nayah Wright Trussel resulting in her death; e. Affirmatively abrogating her obligations as a City of Detroit EMT by failing to timely respond to Plaintiff decedent s emergency medical condition; and f. Engaging in other acts of misconduct, gross negligence and/or intentional malfeasance which may become known prior to trial. 32. That the grossly negligent and wilful misconduct committed by Defendant, ANN MARIE THOMAS, as described herein, was committed within the course and scope of her employment and agency such that Defendant, CITY OF DETROIT is vicariously liable. 33. As the direct and proximate result of these acts and/or omissions by the Defendant ANN MARIE THOMAS, Plaintiff s decedent, I NAYAH WRIGHT TRUSSEL, and the Estate of I NAYAH WRIGHT TRUSSEL suffered serious injuries including, but not limited to, the following: a. Conscious pain and suffering; b. Reasonable medical, funeral and burial expenses; 6

7 c. Fright, shock and terror; d. Loss of the love, society, companionship, and parental guidance of the decedent; e. Loss of service of Plaintiffs decedent; f. Future loss of income and/ or earning capacity; g. Miscellaneous economic damages, past, present and future; h. Exemplary damages and/ or punitive damages; and i. Any and all damages allowable under the Michigan Wrongful Death Act (MCL ) and otherwise learned through the course of discovery. 34. The Defendant, ANN MARIE THOMAS was the proximate cause of the Plaintiffs injuries and death. WHEREFORE, Plaintiff requests that this Court enter a judgment against Defendants for an amount in excess of One Million ($1,000,000.00) Dollars, together with interest, costs and attorney fees. COUNT II INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ALL DEFENDANTS 35. Plaintiffs hereby restate and reallege Paragraphs 1-34 as if fully set forth herein. 36. The acts of the Defendant, ANN MARIE THOMAS, as described above were extreme, outrageous, and committed with gross negligence. 37. Said acts as described above were intentionally and/or recklessly done and had the effect of causing JANEE WRIGHT-TRUSSEL severe emotional distress. 7

8 38. As the direct and proximate result of the outrageous conduct of Defendant, JANEE WRIGHT-TRUSSEL suffered severe emotional distress and horrible injuries and damages including, but not limited to the following: a. Emotional injuries; b. Mortification and humiliation; c. Mental anguish; nightmares; fright and shock; d. Economic loss; e. Loss of great sums of money for medical, emotional and/or psychological care and treatment, past, present and future, as well the loss of earnings and/or earning capacity from these injuries; f. Any other additional injuries recoverable under Michigan law including economic loss, as well as past, present and future medical treatment needed as learned through continued discovery. 39. That the grossly negligent and willful misconduct committed by Defendant, ANN MARIE THOMAS, as described herein, was committed within the course and scope of her employment and agency such that Defendant, CITY OF DETROIT is vicariously liable. WHEREFORE, Plaintiff requests that this Court enter a judgment against Defendants for an amount in excess of One Million ($1,000,000.00) Dollars, together with interest, costs and attorney fees. Dated: July 20, 2015 Respectfully submitted, FIEGER LAW BY: /s/ James S. Craig Attorney for Plaintiff W. Ten Mile Road Southfield, MI (248) j.craig@fiegerlaw.com 8

9 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE HOWARD LINDEN, as Personal Representative for the Estate of I NAYAH WRIGHT TRUSSEL, and JANEE WRIGHT-TRUSSEL, Individually, vs. Plaintiffs, Case No. 15- NO HON. CITY OF DETROIT, DETROIT FIRE DEPARTMENT and ANN MARIE THOMAS, Defendants. / GEOFFREY N. FIEGER (P30441) FIEGER LAW FIRM Attorneys for Plaintiff West Ten Mile Road Southfield, MI (248) / DEMAND FOR TRIAL BY JURY NOW COME Plaintiffs, HOWARD LINDEN, as Personal Representative for the Estate of I NAYAH WRIGHT TRUSSEL, deceased, by and through their attorneys, The FIEGER LAW FIRM, hereby demands a jury trial on all issues. Respectfully submitted, FIEGER LAW Dated: July 20, 2015 BY: _/s/ James S. Craig Attorney for Plaintiff W. Ten Mile Road Southfield, MI (248) j.craig@fiegerlaw.com 9