IN THE CIRCUIT COURT OF SEBASTIAN COUNTY, ARKANSAS FORT SMITH DISTRICT CIVIL DIVISION

Similar documents
Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

FILED: BRONX COUNTY CLERK 01/26/ :43 AM INDEX NO /2018E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/26/2018

YOU ARE HEREBY SUMMONED and required to Answer the Complaint, a copy of

Case 3:18-cv JSC Document 1 Filed 05/02/18 Page 1 of 11

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION COMPLAINT FOR DAMAGES WITH JURY DEMAND

IN THE CIRCUIT COURT OF CLAY COUNTY, LIBERTY, MISSOURI. Case No. Division

UNITED STATES DISTRICT COURT

IN THE CIRCUIT COURT OF ST. LOUIS CITY STATE OF MISSOURI

Filing # E-Filed 12/22/ :53:20 PM

Case 3:16-cv KI Document 1 Filed 11/14/16 Page 1 of 8

Plaintiffs, Defendants. COMPLAINT. necessary medical care for serious medical needs by the defendants during her commitment to the

CAUSE NO. v. FALLS COUNTY, TEXAS I. DISCOVERY CONTROL PLAN LEVEL

CAUSE NO. JANE DOE IN THE DISTRICT COURT Plaintiff, JUDICIAL DISTRICT v.

: : : : : : FIRST AMENDED COMPLAINT FOR DAMAGES. COMES NOW TIANNA SMITH, Plaintiff in the above-captioned action, and hereby INTRODUCTION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE UNLIMITED JURISDICTION

Case: 1:18-cv MPM-DAS Doc #: 1 Filed: 11/03/18 1 of 16 PageID #: 1

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION COMPLAINT. COMES NOW the Plaintiff, Patrick Hardy, by and through his attorney, Joshua D.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. Plaintiff, Number:

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL BRANCH -- UNLIMITED JURISDICTION

3:18-cv MGL Date Filed 07/31/18 Entry Number 1 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

E-FILED 2017 MAY 11 3:00 PM DELAWARE - CLERK OF DISTRICT COURT

PLAINTIFF DEMANDS A TRIAL BY JURY IN THE CIRCUIT COURT FOR THE CITY OF ARCADIA

IN THE CIRCUIT COURT OF GILES COUNTY, TENNESSEE

/ Court: 055

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Courthouse News Service

Plaintiff, for its Complaint against the above-captioned Defendants, states and

Case 3:15-cv JLS-JMA Document 1 Filed 06/26/15 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JURISDICTION AND VENUE

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND WRONGFUL DEATH DAMAGES

Case 3:08-cv CRW-CFB Document 1 Filed 11/07/2008 Page 1 of 12

IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA

Case 1:18-cv RP Document 1 Filed 06/13/18 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE CIRCUIT COURT FIFTEENTH JUDICIAL CIRCUIT LEE COUNTY, ILLINOIS COMPLAINT

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOURTEENTH JUDICIAL CIRCUIT COUNTY OF HAMPTON ) CASE NO.: 2019-CP-25-

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

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) FIRST AMENDED COMPLAINT AND JURY DEMAND

IN THE CIRCUIT COURT FOR AUTAUGA COUNTY, ALABAMA

2:16-cv HAB # 1 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION

Tort Reform (2) The pleading specifically asserts that the medical care has and all medical records

INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2018

COMPLAINT AND JURY DEMAND. Plaintiffs Furlandare Singleton, individually, and as Administrator of the Estate of

Case 2:17-cv JEM Document 1 Entered on FLSD Docket 11/01/2017 Page 1 of 17

UnofficialCopyOfficeofChrisDanielDistrictClerk

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

CASE 0:12-cv PJS-TNL Document 15 Filed 08/14/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

3/11/ :19 AM 19CV11254 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 2:17-cv GJQ-TPG ECF No. 1 filed 01/25/17 PageID.1 Page 1 of 14 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

For Preview Only - Please Do Not Copy

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS COMPLAINT AT LAW

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION

Case 2:10-cv TS Document 2 Filed 11/15/10 Page 1 of 9

Case 2:12-cv JRG-RSP Document 1 Filed 08/02/12 Page 1 of 6 PageID #: 1

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MANATEE COUNTY CIRCUIT CIVIL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION. Plaintiffs, CIVIL ACTION NO. v.

SUPERIOR COURT OF CALIFORNIA FOR SANTA CRUZ COUNTY

Case 0:17-cv WPD Document 1 Entered on FLSD Docket 10/13/2017 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

FILED: NEW YORK COUNTY CLERK 12/19/ :09 PM INDEX NO /2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/19/2017

IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

Case 5:14-cv DAE Document 4 Filed 11/10/14 Page 1 of 11 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 2:18-cv Document 1 Filed 01/24/18 Page 1 of 10 Page ID #:1. Deadline UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 2:16-cv JTM-TJJ Document 1 Filed 05/25/16 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

LAUREL COUNTY, KENTUCKY

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

Case 3:18-cv GMS Document 1 Filed 03/27/18 Page 1 of 15

Case 2:10-cv HGB-ALC Document 1 Filed 04/20/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JANET DELUCA CIVIL ACTION

led FEB SUPERIOR COURl l.h '-.. irornia BY DEPUTY 1. GENERAL NEGLIGENCE 2. WILLFUL MISCONDUCT 3. WRONGFUL DEATH 4.

Case 1:06-cv JJF Document 5 Filed 06/20/2006 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Plaintiff Edgar Castro for his Complaint against Defendants hereby alleges as

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION V. CAUSE NO.: COMPLAINT (JURY TRIAL DEMANDED)

Case 3:17-cv SRU Document 1 Filed 08/21/17 Page 1 of 18 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. ADRIAN LOVELL, Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 4:18-cv JAS Document 1 Filed 03/01/18 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

DJAS FILED. eelveo PLAINTIFFS COMPLAINT FOR DAMAGES. Case 1:18-cv RP Document 1 Filed 02/20/18 Page 1 of 18. Case No.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CASE NO. 5:00-CV COMPLAINT IN INTERVENTION ON BEHALF OF JACKQULINE STOKES

Case 3:18-cv Document 1 Filed 09/19/18 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT! WESTERN DISTRICT OF MICHIGAN! SOUTHERN DIVISION!

Case 5:17-cv Document 2 Filed in TXSD on 01/17/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS - LAW DIVISION. v. No.: COMPLAINT AT LAW

CAUSE NO. V. JUDICIAL DISTRICT DEFENDANTS. TARRANT COUNTY, TEXAS PLAINTIFFS ORIGINAL PETITION NOW COMES SHERRY REYNOLDS, BRANDON REYNOLDS, KATY

Case 1:14-cv Document 10 Filed in TXSD on 09/25/14 Page 1 of 11

IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

Case 2:16-at Document 1 Filed 08/04/16 Page 1 of 9

Case 1:19-cv PAB Document 1 Filed 01/04/19 USDC Colorado Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

) ) ) ) Plaintiffs, ) ) SUMMONS vs ) ) ) ) ) Defendants. )

PRELIMINARY STATEMENT. Brooklyn in which he was serving out the last months of his prison sentence to a

3:17-cv MGL Date Filed 06/29/18 Entry Number 55 Page 1 of 8

IN THE CIRCUIT COURT OF CASS COUNTY, MISSOURI AT HARRISONVILLE

FILED: NEW YORK COUNTY CLERK 10/20/ :37 PM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/20/2014

STATE OF NEW HAMPSHIRE JOHN DOE EXETER HOSPITAL COMPLAINT AND REQUEST FOR PANEL AND CLASS ACTION CERTIFICATION

COMPLAINT DEMAND FOR JURY TRIAL

Court of Appeals. Slip Opinion

CAUSE NO CV ANNA DRAKER IN THE DISTRICT COURT OF VS. MEDINA COUNTY, TEXAS

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Transcription:

IN THE CIRCUIT COURT OF SEBASTIAN COUNTY, ARKANSAS FORT SMITH DISTRICT CIVIL DIVISION TIMOTHY ABNER, in his capacity as Special Administrator of the Estate of Jimmy Don Abner, deceased PLAINTIFF VS. NO. CV- 2015- BOST, INC. DEFENDANTS COMPLAINT COMES NOW the Plaintiff, Timothy Abner, in his capacity as Special Administrator of the Estate of Jimmy Don Abner, deceased, and for his cause of action against the Defendant Bost, Inc. states: PARTIES, JURISDICTION, AND VENUE 1. Plaintiff Timothy Abner is the duly appointed and acting Special Administrator of the Estate of Jimmy Don Abner, having been appointed by the Circuit Court of Sebastian County. Timothy Abner currently resides in Crawford County at 5272 Highway 282, Rudy, Arkansas. Exhibit A. 2. Defendant Bost, Inc. (hereinafter Bost ) is a nonprofit corporation organized and existing under the laws of Arkansas. 3. The registered agent on file with the Arkansas Secretary of State for service of process on Bost is Kent C. Jones, 5812 Remington Circle, Fort Smith, AR 72903. 4. Bost is vicariously liable for the acts and omissions of all persons or entities under its control, whether directly or indirectly, including its employees, agencies, or pools, to the 1

extent such persons or entities caused or contributed to the injuries, harms, and death of Jimmy Don Abner while acting within the scope of agency or employment. 5. This is an action for wrongful death, medical injury, ordinary negligence, medical negligence, and punitive damages that occurred in Sebastian County, Arkansas. 6. This Court has subject matter jurisdiction over this action pursuant to A.C.A. 16-13-201. 7. This Court has personal jurisdiction over this action pursuant to A.C.A. 16-4- 101. 8. The Sebastian County Circuit Court is the proper venue for this action pursuant to A.C.A. 16-60-112. FACTS 9. Bost hired Shawn Howard (hereinafter Howard ) as its employee and/or agent to be the full-time, live-in caregiver for Jimmy Don Abner, an individual with the mental faculties of a five year old child. At all times pertinent to the facts herein, Howard was acting within the scope of his employment and/or agency as an employee and/or agent of Bost. Howard had been Jimmy Don Abner s caregiver for approximately seven years as of February 2015. Howard was to provide care twenty-four hours a day, seven days a week, and was to be relieved by another Bost employee any time he left Jimmy Don Abner. Howard provided care to Jimmy Don Abner at Jimmy Don Abner s home at 3202 S. 62nd St. No. 14 in Fort Smith. 10. In addition, Bost assigned a case manager and/or a case coordinator to make monthly contact with Jimmy Don Abner to ensure that his health and safety were always maintained. 2

11. On February 10, 2015, Howard reported Jimmy Don Abner missing. Jimmy Don Abner was 57 years old at the time. 12. Howard told the Fort Smith Police Department (hereinafter the police ) that, while he was in the shower, Jimmy Don Abner had left his apartment with an African-American man named Eugene. He said that he saw Jimmy Don Abner and Eugene leave in a white Nissan pickup truck. 13. Howard told police that Jimmy Don Abner was in good health and weighed 134 pounds at the time that he went missing. 14. The police later received a letter, ostensibly from Eugene, stating that he and Jimmy Don Abner had gone to Joplin, Missouri to obtain a same-sex marriage and that Eugene would kill both himself and Jimmy Don Abner if the police continued to look for them. The police determined that the handwriting on the letter matched Howard s and that the letter was postmarked in Oklahoma, Howard s place of residence. 15. The police also spoke with Ceilia Howard, a friend of Howard s, who initially corroborated Howard s story regarding the disappearance. Upon further examination, however, Ceilia Howard admitted that Howard had paid her to corroborate his story to the police. 16. On February 12, 2015, Jimmy Don Abner s body was found nineteen to twenty feet off of Cedarville Road in a wooded area near Cedarville, Arkansas. He was naked except for a pair of socks. 17. Jimmy Don Abner s body was examined by the Arkansas State Crime Laboratory on February 15, 2015. That autopsy determined that the cause of Jimmy Don Abner s death was dehydration and sepsis due to pressure necrosis of the right hip and thigh due to protein calorie malnutrition. There was no food in Jimmy Don Abner s stomach at the time of the autopsy. The 3

examiner ruled Jimmy Don Abner s death a homicide. The autopsy is attached to this complaint as Exhibit B and is incorporated by reference herein. 18. Medical records indicate that Jimmy Don Abner weighed approximately 125 pounds on October 1, 2014. A copy of this record is attached as Exhibit C. In the interval between the doctor s visit in October 2014 and his death, Jimmy Don Abner lost a significant amount of body weight. The autopsy stated that Jimmy Don Abner weighed 92 pounds when the police discovered his body. As the autopsy notes, the only reason for the loss of this body weight was that Jimmy Don Abner did not receive adequate nutrition during that interval. 19. Police inspection of Jimmy Don Abner s residence revealed the absence of food and the presence of alcohol in the residence. 20. The autopsy further notes that at a certain point, individuals who are severely malnourished become lethargic or even comatose. In such a situation, development of pressure sores can easily occur. The autopsy stated that a full-time caregiver like Howard should have noticed Abner s condition and sought medical help when his malnourishment reached the point of lethargy and abandonment of normal activities. 21. The autopsy noted that there was physical evidence of dehydration and electrolyte changes which were also characteristic of dehydration. 22. The autopsy showed that two severe decubitus ulcers were present on Jimmy Don Abner s right hip and right thigh. The examiner noted that such ulcers would have taken days to develop and would have been readily visible to a caretaker. The examiner further noted that the appearance of such a bed sore should have provided further interest for the caretaker to seek medical attention. 4

23. The autopsy further noted that pressure sores of the severity seen in this case are inevitably associated with bacterial infection, and sepsis would have resulted. The medical examiner concluded that sepsis from these sores was one of the causes of Jimmy Don Abner s death. 24. A number of superficial injuries were present on Jimmy Don Abner s body which the medical examiner concluded had occurred around the time of death or immediately after. 25. Bost employee and/or agent Ms. Inthavong (first name unknown) was the case manager assigned to make monthly contact with Jimmy Don Abner to ensure that his health and safety were maintained. At all times pertinent to the facts herein, Ms. Inthavong acted within the scope of her employment and/or agency. She reported to police that the last few times that she had gone to check on Jimmy Don Abner, she had been unable to view the condition of his body because he was in a bubble bath, and she did not ask him to stand. 26. Police investigation uncovered evidence that, despite Howard s responsibility to remain at Jimmy Don Abner s apartment unless relieved by another Bost employee, Howard spent nearly every day in January 2015 at the Choctaw Casino in Pocola, Oklahoma. COUNT I MEDICAL NEGLIGENCE 27. Plaintiff incorporates, restates, and adopts all of the allegations contained in Paragraphs 1 through 26 as if stated herein word-for-word. 28. Bost was negligent in failing to attend to and provide adequate care and treatment for Jimmy Don Abner. 29. As a direct and proximate consequence thereof, Jimmy Don Abner suffered grievous physical injury, conscious and extreme physical pain, suffering, and mental anguish. 5

30. Jimmy Don Abner developed each of the following injuries while under the care and treatment of Bost, its agents, staff, and employees: a. Dehydration; b. Sepsis; c. Protein calorie malnutrition; d. Pressure necrosis of the right hip and thigh due to protein calorie malnutrition; and e. Other injuries. 31. In addition to the injuries set forth in Paragraph 30, Jimmy Don Abner suffered numerous other personal injuries and indignities while under the care of Bost and its employees, agents, and staff. 32. Each of the physical injuries set forth were directly and proximately caused by and attributable to Bost. 33. Bost owed a duty to Jimmy Don Abner and its other patients to practice with the standard of care applicable to providers of similar healthcare services. 34. Bost and its agents, staff, and employees breached that standard as they failed to possess and apply with reasonable care the degree of skill and learning ordinarily possessed and used by members of their profession, in good standing, engaged in the same type of service or specialty in the same or similar community. 35. The medical negligence of Bost and its agents, staff, and employees includes, but is not limited to the following: a. Failure to provide Jimmy Don Abner with proper nutrition and fluids to avoid malnutrition and dehydration; 6

b. Failure to treat Jimmy Don Abner with the necessary care to prevent otherwise avoidable pressure ulcers and/or bed sores from developing; c. Failure to treat Jimmy Don Abner s dehydration; d. Failure to treat Jimmy Don Abner s malnutrition; e. Failure to treat Jimmy Don Abner s pressure ulcers; f. Failure to assess the level of Jimmy Don Abner s care; g. Failure to monitor the provision of services to Jimmy Don Abner; h. Failure to provide Jimmy Don Abner with the necessary care to prevent him from acquiring otherwise avoidable infections; and 36. The breach of the standard of care by Bost and its agents, staff, and employees directly and proximately caused Jimmy Don Abner damages. COUNT II ORDINARY NEGLIGENCE 37. Plaintiff incorporates, restates, and adopts all of the allegations contained in Paragraphs 1 through 36 as if stated herein word-for-word. 38. Bost owed a duty to Jimmy Don Abner to exercise reasonable care for him as his physical condition required. 39. Without limiting the foregoing, Bost owed a duty to Jimmy Don Abner to provide adequate medical care and to hire and retain sufficient numbers of qualified agents, staff, and employees to provide such care. 40. Bost and its agents, staff, and employees breached that duty to Jimmy Don Abner. Specifically, the negligence of Bost and its agents, staff, and employees includes, but is not limited to, the following: 7

a. Failure to offer the necessary level of care for a patient with the mental capacity of Jimmy Don Abner; b. Failure to examine Jimmy Don Abner for signs of ill health or abuse; c. Failure to diagnose abuse and neglect of Jimmy Don Abner; d. Failure to use the necessary medical equipment in the treatment of Jimmy Don Abner; e. Failure to adequately hire, train, and supervise qualified agents, staff, employees, or other personnel; and f. Generally exhibiting a reckless disregard for the health and well-being of Jimmy Don Abner. 41. Bost is liable for negligently hiring, training, and retaining its employees, staff, and agents; and is liable for the negligent supervision of such employees, staff, and agents; and is furthermore responsible for the damages incurred by Jimmy Don Abner. 42. The breach of the duty to exercise reasonable care by Bost and its agents, staff, and employees directly and proximately caused Jimmy Don Abner s damages. COUNT III NEGLIGENT HIRING, RETENTION, AND SUPERVISION 43. Plaintiff incorporates, restates, and adopts all of the allegations contained in Paragraphs 1 through 42 as if stated herein word-for-word. 44. Bost owed a duty to Jimmy Don Abner to exercise reasonable care in hiring, retaining, and supervising the employees and/or agents hired to provide him care. 45. Bost knew, or in the exercise of reasonable care should have known, that Shawn Howard subjected others to an unreasonable risk of harm. 8

46. Bost and its agents, staff, and employees breached that duty to Jimmy Don Abner. Specifically, the negligence of Bost and its agents, staff, and employees includes, but is not limited to, the following: a. Failure to properly perform background checks when hiring Shawn Howard; b. Failure to properly train Shawn Howard; c. Failure to properly supervise Shawn Howard s provision of care to Jimmy Don Abner; d. Failure to discover Shawn Howard s mistreatment of Jimmy Don Abner; and e. Failure to dismiss Shawn Howard. 47. Bost is liable for negligently hiring, training, retaining, and supervising Shawn Howard; Bost is furthermore responsible for the damages incurred by Jimmy Don Abner. 48. The breach of the duty to exercise reasonable care by Bost and its agents, staff, and employees directly and proximately caused Jimmy Don Abner s damages. COUNT IV WRONGFUL DEATH 49. Plaintiff incorporates, restates, and adopts all of the allegations contained in Paragraphs 1 through 48 as if stated herein word-for-word. 50. Bost and its agents, staff, and employees breached the standard of care as they failed to possess and apply with reasonable care the degree of skill and learning ordinarily possessed and used by members of their profession, in good standing, engaged in the same type of service of specialty in the same or similar community. 9

51. Such negligence, including but not limited to the acts and omissions listed above, was the proximate cause of the death of Jimmy Don Abner. 52. Pursuant to A.C.A. 16-62-101 and 102, Jimmy Don Abner s statutory beneficiaries are entitled to recover for such wrongful death. Timothy Abner, as special administrator of the Estate of Jimmy Don Abner, claims damages on behalf of all statutory beneficiaries under A.C.A. 16-62-102. DAMAGES 53. Plaintiff incorporates, restates, and adopts all of the allegations contained in Paragraphs 1 through 52 as if stated herein word-for-word. 54. Plaintiff is entitled to recover for the following elements of damages: a. The wrongful death of Jimmy Don Abner as a result of medical negligence; b. The nature and extent of any injury caused by the negligence of the Defendant and its agents, staff, and employees, whether temporary or permanent; c. The emotional pain and distress, mental anguish, conscious pain and suffering, and pecuniary loss suffered by Jimmy Don Abner; d. Scars and disfigurement suffered by Jimmy Don Abner; e. Funeral expenses; f. The emotional pain and distress, mental anguish, grief, and any other damages allowed by the Arkansas Wrongful Death Statute; and g. Any and all damages allowed by Arkansas law. PUNITIVE DAMAGES 10

55. Plaintiff incorporates, restates, and adopts all of the allegations contained in Paragraphs 1 through 54 as if stated herein word-for-word. 56. Upon the placement of Jimmy Don Abner in Shawn Howard s care by Bost, Jimmy Don Abner was in stable, treatable condition. 57. Bost knew or should have known that its conduct would naturally and probably result in injury to patients, yet it continued such conduct in reckless disregard of the consequences from which malice may be inferred. 58. Bost s deviation from appropriate standards and procedure constituted wanton, gross, flagrant, reckless, and/or conscious indifference to the rights and safety of Jimmy Don Abner and other patients in the Fort Smith community and other communities served by Bost, which Bost knew, or should have known, would result in the pain, suffering, and mental anguish of Jimmy Don Abner. 59. Nevertheless, Bost continued the above-mentioned conduct with reckless disregard for the consequences, from which malice may be inferred and punitive damages assessed. 60. Bost acted in reckless disregard for Jimmy Don Abner s safety by not properly training and supervising Howard and in its failure to properly examine Jimmy Don Abner during the periodic visits of the case manager. 61. For the singular purpose of profit over quality of care, Bost continued a pattern of conduct and deviations from appropriate standards that was wanton, gross, flagrant, reckless, or otherwise consciously indifferent to the rights and well-being of Jimmy Don Abner and other patients in its care, which Bost knew, or should have known, would result in extreme pain, suffering, human agony, mental anguish, and death of Jimmy Don Abner. 11

62. Therefore, Plaintiff prays for punitive damages sufficient to punish Bost and to deter others from similar conduct. JURY DEMAND 63. Plaintiff requests a trial by jury. WHEREFORE, Timothy Abner, as Special Administrator of the Estate of Jimmy Don Abner, deceased, prays for judgment against Bost, Inc. in an amount sufficient to provide relief, punitive damages sufficient to punish Bost, Inc. and to deter others from similar conduct, with such sum being in excess of the minimum amount necessary to confer jurisdiction upon the United States District Court in diversity of citizenship cases, and for all other just and proper relief. Dated this day of December, 2015. Respectfully submitted, Timothy Abner, as Special Administrator of the Estate of Jimmy Don Abner, deceased PLAINTIFF By: Joey McCutchen, Bar No. 88045 A. Tyler Hudgens, Bar No. 2015192 MCCUTCHEN BUCKLEY THE LAW FIRM 1622 North B Street Fort Smith, AR 72901 Telephone: (479) 783-0036 Facsimile: (479) 783-5168 12