DOE, JANE v. ICARE HEALTH MANAGEMENT, LLC DBA, HHD-CV23-5078100-S, 125.00 (Conn. Super. Ct. Jun. 27, 2024) (2024)

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`

`Docket No: HHD-CV-23-5078100-S
`
`issue Date:06/14/2024
`
`Sent By:—Civil/Family
`
`HHD-CV-23-5078100-S
`
`DOE, JANE v. ICARE HEALTH MANAGEMENT, LLC DBA
`
`JDNO NOTICE
`
`Notice Issued: 06/14/2024
`
`Court Address:
`
`CLERK, SUPERIOR COURT
`JUDICIAL DISTRICT OF HARTFORD
`
`95 WASHINGTON STREET
`
`HARTFORD, CT 06106
`Website: www.jud.ct.gov
`
`Notice Content:
`
`Notice Issued: 06/14/2024
`
`Docket Number: HHD-CV-23-5078100-S
`Case Caption: DOE, JANE v. ICARE HEALTH MANAGEMENT, LLC DBA
`Notice Sequence#: 1
`
`JDNO NOTICE
`
`ORDER REGARDING:
`
`05/15/2024 119.00 MOTION TO CITE ADDITIONAL PARTY
`
`The foregoing, having been considered by the Court, is hereby:
`ORDER: GRANTED
`
`lt appearing to the court that the foregoing motion should be granted, it is hereby ordered that Kettle Brook Care
`Center, LLC d/b/a Fresh River Healthcare be madea party defendant in this action and that, on or before June 28,
`2024,the plaintiff amend her complaint and state facts showingtheinterest of Kettle Brook Care Center, LLC d/b/a
`Fresh River Healthcare in this action, and summonit to appear as a
`defendantin this action on or before the second dayfollowing July 16, 2024, by causing someproperofficer to serve
`uponit in the mannerprescribed by lawatrue and attested copyofthis Order, a true and attested or certified copy of
`the Complaint in this action as amended, and an Amended Summons-Civil Form 103.1, and due return make.
`
`Per Order of Chadwick, J. on 6/11/24
`SM/TAC 6/14/24
`
`

`

`RETURN DATE: 07/16/24
`DOCKET NO. HHD-CV23-5078100-S
`
`JANE DOE
`
`VS.
`
`ICARE HEALTH MANAGEMENT,LLC d/b/a
`FRESH RIVER HEALTHCARE,ET AL
`
`:
`
`:
`
`:
`
`SUPERIOR COURT
`
`J.D. OF HARTFORD
`
`AT HARTFORD
`
`JULY 17, 2024
`
`SECOND AMENDED COMPLAINT
`
`COUNTONE(Willful/Reckless/Wanton as to ICARE HEALTH MANAGEMENT, LLC)
`
`l.
`
`On May 19, 2021 the Defendant, ICARE HEALTH MANAGEMENT,LLC,was a
`
`Connecticut limited liability company authorized to do business in Connecticut (hereinafier referred
`
`to as “ICARE”).
`
`2.
`
`On May 19, 2021 the Defendant, ICARE, owned, operated, managed and/or
`
`possessed a nursing homebusiness at 96 Prospect Hill Road, East Windsor, CT and was doing
`
`business as Fresh River Healthcare.
`
`3.
`
`On May 19, 2021 the Defendant, ICARE,was in the business of providing nursing
`
`homecare to patients at Fresh River Healthcare.
`
`4.
`
`Onsaid date, the Plaintiff, JANE DOE, was employed by the Defendant, ICARE,in
`
`the dementia unit.
`
`5.
`
`Prior to said date, the Defendant, [CARE had anotherfacility in Rocky Hill,
`
`Connecticut called “60 West” wherein they had a unit that was equipped withsecurity, safety
`
`protocols and staffed to take in recentparolees.
`
`

`

`6.
`
`On April 20, 2021 the Defendant, ICARE,took in to Fresh River Healthcare
`
`dementia unit Miguel Lopez who had been convicted of a violent rape in Massachusetts in 2012
`
`despite him not meeting the entrance qualifications for the dementia unit at Fresh River Healthcare
`
`and overthe objections of manyoftheirstaff.
`
`hr
`
`On May19, 2021 at approximately 1:45 p.m. while the Plaintiff, JANE DOE was
`
`working, Miguel Lopez unlawfully detained herin his room and violently sexually assaulted her.
`
`8.
`
`Prior to May 19, 2021, the Defendant, ICARE,its agents, servants and/or employees,
`
`knew that since Miguel Lopez had been admitted on April 20, 2021, that he had actedin a violent,
`
`hostile and aggressive manner toward womenincluding,but not limited to, scaring another female
`
`patient to discharge herself from the facility against medical advice, that he had been aggressive,
`
`belligerent, threatening and disrespectful toward female staff, that he had kicked doors, that staff had
`
`to use force to control his behavior and he had violated company policy by entering staff only areas
`
`and utilizing the staff computer to watch p*rnography.
`
`9.
`
`Despiteall of the foregoing, the Defendant, ICARE,failed andrefused to discharge
`
`Miguel Lopez ortransfer him to “60 West”or anotherfacility due to their pecuniary interest.
`
`10.
`
`Furthermore, the Defendant, ICARE LLC,its agents, servants and/or employees, did
`
`tot register Miguel Lopez as a sex offenderanddid not require him to doso.
`
`11.
`
`Additionally, the Defendant, ICARE,its agents, servants and/or employees, failed to
`
`provide security, change policies and/or give staff members any information, training, protective
`
`devices or guidance howto deal with a sex offender.
`
`

`

`12.
`
`The Plaintiff's, JANE DOE ’s, injuries were caused by the willful, wanton, reckless
`
`and serious misconduct of the Defendant, ICARE,its agents, servants and/or employees,in
`
`disregard ofthe just rights and safety of others, including the Plaintiff, JANE DOE,in one or more
`
`of the following respects, in that:
`
`a.
`
`b.
`
`c,
`
`d.
`
`a,
`
`They willfully, wantonly and/or recklessly placed a convictedrapist in the facility;
`
`In that they willfully, wantonly and/orrecklessly failed to move MiguelOrtiz, despite
`
`his behavior, out of the dementia unit;
`
`They willfully, wantonly and/orrecklessly failed to place Miguel Ortiz in “60 West,”
`
`or anotherfacility which was staffed and equipped to deal with recent parolees;
`
`They willfully, wantonly and/or recklessly failed to transfer Miguel Ortiz prior to
`
`May 19, 2021 to “60 West,” or anotherfacility despite his behavior,
`
`They willfully, wantonly and/orrecklessly took the risk that their female residents
`
`and staff at Fresh River Healthcare, including the Plaintiff, JANE DOE, would be
`
`sexually assaulted;
`
`f£
`
`They willfully, wantonly and/or recklessly violated Connecticut General Statutes
`
`Section 31-49 by willfully and/orrecklessly failing to provide the Plaintiff, JANE
`
`DOE,with a reasonably safe place in which to work;
`
`g.
`
`They willfully, wantonly and/or recklessly failed to take actions, implement safety
`
`measures, implement policies, give self-defense training or otherwisetrain staffat
`
`Fresh River Healthcare how to work with sex offenderspriorto the Plaintiff's, JANE
`
`

`

`They willfully, wantonly and/or recklessly failed to establish appropriate policies and
`
`proceduresin place at Fresh River Healthcare to protect employees andresidents;
`
`and/or
`
`They willfully, wantonly and/or recklessly failed to modify or establish new policies
`
`and procedures at Fresh River Healthcare in response to Miguel Ortiz’ behaviorprior
`
`to May 19, 2021 to protect employees andresidents.
`
`13. At all times material hereto, the Defendant’s, [CARE’s, and/orits agents, servants
`
`and/or employees, actions were in reckless disregard of the consequences and wereasubstantial
`
`factor in causing the Plaintiff's, JANE DOK’s,injuries.
`
`14.
`
`As a result of the Defendant’s, [CARE’s, conduct the Plaintiff, JANE DOE, suffered
`
`tne following injuries, some of which may be permanentin nature and which were caused by or
`
`aggravated by said detainmentand assault:
`
`a.
`
`b.
`
`injury to her neck;
`
`injury to her back;
`
`injury to herribs;
`
`injury to herbreast;
`
`damageto herteeth;
`
`contusions and abrasions to the body;
`
`shock to the nervous system.
`
`

`

`15.
`
`Asa furtherresult the Plaintiff, JANE DOE, suffered pain and severesuffering
`
`accorpanied by pain, anxiety, post-traumatic stress andloss ofsleep.
`
`16.
`
`From all of the aforementionedinjuries and the effects thereof, the Plaintiff, JANE
`
`DOE,has suffered and will suffer great pain and mental anguish, some of whichinjuries or the
`
`effects thereof are or are medically probable to be permanent.
`
`
`
`17. Asafurtherresult of this occurrence, the Plaintiff, JANE DOE has incurred and/or
`
`will incurin the future, considerable expenses for physicians, hospital, medical and surgical care, x-
`
`rays, medicines, physiotherapy and/orothercare and treatment, all to her loss and damage.
`
`18.
`
`As a furtherresult of this occurrence, the Plaintiff, JANE DOE, who wasgainfully
`
`employed, was caused to lose considerable time from her employment andshesuffered a loss of
`
`wages, loss of earning capacity, and a future loss of earning capacity, to her furtherloss and damage.
`
`
`
`19. Asafurtherresult the Plaintiff, JANE DOE, has been and will in the future continue
`
`to be unable to pursuethelife style and engagein the activities which she wasable to enjoy before
`
`the assault and she has beenrequired to drastically restrict her activities and dramatically alter her
`
`life style and may continue to be impaired for herlifetime.
`
`COUNT TWO(intentional as to [CARE HEALTH MANAGEMENT,LLC)
`
`1. On May 19, 2021 the Defendant, [CARE HEALTH MANAGEMENT,LLC,wasa
`
`Connecticut limited liability company authorizedto do business in Connecticut(hereinafter referred
`
`to as “ICARE”).
`
`2. On May 19, 2021 the Defendant, ICARE, owned, operated, managedand/or possessed a
`
`

`

`nursing homebusiness at 96 Prospect Hill Road, East Windsor, CT and was doing business as Fresh
`
`River Healthcare.
`
`3. On May 19, 2021 the Defendant, ICARE,wasin the business of providing nursing home
`
`care to patients at Fresh River Healthcare.
`
`4. Onsaid date, the Plaintiff, JANE DOE, was employed by the Defendant, ICARE,in the
`
`dementia unit.
`
`5.
`
`Prior to said date, the Defendant, ICARE,had anotherfacility in Rocky Hill,
`
`Connecticut called “60 West” wherein they had a unit that was equipped with security, safety
`
`protocols and staffed to take in recent parolees.
`
`6. On April 20, 2021 the Defendant, ICARE,took in to Fresh River Healthcare dementia
`
`unit Miguel Lopez who had beenconvicted ofa violent rape in Massachusetts in 2012 despite him
`
`not meeting the entrance qualifications for the dementia unit at Fresh River Healthcare and overthe
`
`cbjections of many oftheirstaff.
`
`7. On May 19, 2021 at approximately 1:45 p.m. while the Plaintiff, JANE DOE was
`
`working, Miguel Lopez unlawfully detained herin his room and violently sexually assaulted her.
`
`8. Prior to May 19, 2021, the Defendant, ICARE,its agents, servants and/or employees,
`
`knew that since Miguel Lopez had been admitted on April 20, 2021, that he had acted in a violent,
`
`hostile and aggressive manner toward womenincluding, but not limited to, scaring another female
`
`patient to discharge herself from thefacility against medical advice,that he had been aggressive,
`
`belligerent, threatening and disrespectful toward female staff, that he had kicked doors, that staff had
`
`

`

`to use force to control his behavior and he had violated companypolicy by entering staff only areas
`
`andutilizing the staff computer to watch p*rnography.
`
`9. Despite all of the foregoing, the Defendant, ICARE,failed and refusedto discharge
`
`Miguel Lopezor transfer him to “60 West”or anotherfacility due to their pecuniaryinterests.
`
`10. Furthermore, the Defendant, ICARE,its agents, servants and/or employees, did not
`
`register Miguel Lopez as a sex offenderand did not require him to do so.
`
`11. Additionally, the Defendant, ICARE, its agents, servants and/or employees,failed to
`
`provide security, change policies and/or give staff members any information,training, protective
`
`devices or guidance howto deal with a sex offender.
`
`12. The Plaintiff's, JANE DOE.’s, injuries were a direct and natural consequence ofthe
`
`intentional misconduct of the Defendant, ICARE,its agents, servants and/or employees, in one or
`
`more of the following respects, in that:
`
`a. They knowingly andintentionally placed a convictedrapist in thefacility,
`
`knowing that in doing so the female residents and staff at Fresh River Healthcare,
`
`including the Plaintiff, JANE DOE would bein danger of sexualassault;
`
`b. They knowingly andintentionally failed to move Miguel Ortiz, despite his
`
`behavior, out of the dementia unit, knowing that in doing so the female residents
`
`and staff at Fresh River Healthcare, including the Plaintiff, JANE DOE werein
`
`danger of sexual assault;
`
`c. They knowingly andintentionally failed to place Miguel Ortiz in “60 West,”
`
`which wasstaffed and equippedto deal with recent parolees or another facility,
`
`

`

`knowingthat in doing so the female residents and staff at Fresh River Healthcare,
`
`including the Plaintiff, JANE DOE were in dangerof sexual assault;
`
`They knowingly andintentionally failed to transfer Miguel Ortiz prior to May 19,
`
`2021 to “60 West” or anotherfacility despite his behavior, knowingthat in doing
`
`so the female residents and staff at Fresh River Healthcare, including the Plaintiff,
`
`JANE DOEwerein dangerof sexual assault;
`
`They were aware ofthe danger and knowingly and intentionally took the risk that
`
`their female residents and staff at Fresh River Healthcare, including the Plaintiff,
`
`JANE DOE, would be sexually assaulted;
`
`They knowingly and intentionally violated Connecticut General Statutes Section
`
`31-49 by knowingly andintentionally failing to provide the Plaintiff, JANE
`
`DOE,with a reasonably safe place in which to work;
`
`They knowingly andintentionally failed to take actions, implementsafety
`
`measures, implementpolicies, give self-defense training or otherwise train staff at
`
`Fresh River Healthcare how to work with sex offenders prior to the Plaintiff's,
`
`JANE DOF’s, sexual assault which failure Defendant knew orshould have
`
`known wassubstantially certain to cause injury to Plaintiff, other employees or
`
`residents at Fresh River Healthcare;
`
`They knowingly andintentionally failed to establish appropriate policies and
`
`procedures in place at Fresh River Healthcare to protect employees and residents;
`
`

`

`i. They knowingly andintentionally failed to modify or establish newpolicies and
`
`procedures at Fresh River Healthcare in response to MiguelOrtiz’ behavior prior
`
`to May 19, 2021 to protect employees andresidents.
`
`13. At all times material hereto, the Defendant, ICARE,its agents, servants and/or
`
`employees knew theiractions created a dangerous conditionat the Plaintiff's workplace at 96
`
`Prospect Hill Road, East Windsor, Connecticut, for the Plaintiff,JANE DOK,and in doing so made
`
`the Plaintiff, JANE DOE ’s, injuries substantially certain to occur.
`
`14.
`
`As aresult of the Defendant’s, ICARE’s, conduct the Plaintiff, JANE DOE, suffered
`
`the following injuries, some of which may be permanent in nature and which werecaused by or
`
`aggravated by said detainment and assault:
`
`a.
`
`b.
`
`C.
`
`d.
`
`e.
`
`f.
`
`g.
`
`injury to her neck;
`
`injury to her back;
`
`injury to herribs;
`
`injury to her breast;
`
`damageto herteeth;
`
`contusions and abrasions to the body;
`
`shock to the nervous system.
`
`
`
`15. Asafurtherresult the Plaintiff, JANE DOE,suffered pain and severe suffering
`
`accompanied by pain, anxiety, post-traumatic stress andlossof sleep.
`
`

`

`16.
`
`Fromall of the aforementionedinjuries and the effects thereof, the Plaintiff, JANE
`
`DOE,has suffered and will suffer great pain and mental anguish, some of whichinjuries or the
`
`effects thereof are or are medically probable to be permanent.
`
`17.
`
`As a furtherresult of this occurrence,the Plaintiff,JANE DOE hasincurred and/or
`
`will incur in the future, considerable expenses for physicians, hospital, medical andsurgical care,x-
`
`rays, medicines, physiotherapy and/or othercare andtreatment, all to her loss and damage.
`
`18.
`
`As a furtherresult of this occurrence, the Plaintiff, JANE DOE, who was gainfully
`
`employed, was caused to lose considerable time from her employmentandshesuffered a loss of
`
`\ ages, loss of earning capacity, and a future loss of earning capacity, to her furtherloss and damage.
`
`
`
`19. Asafurtherresult the Plaintiff, JANE DOE,has been andwill in the future continue
`
`to be unableto pursuethe life style and engagein the activities which she wasable to enjoy before
`
`the assault and she has beenrequired to drastically restrict her activities and dramatically alter her
`
`life style and may continue to be impaired for her lifetime.
`
`COUNT THREE:
`
`(NegligentInfliction of Emotional Distress as to ICARE HEALTH
`MANAGEMENT, LLC)
`
`1.-19. Paragraphs 1 through 19 of Count One are hereby repeated and re-alleged as
`
`Paragraphs | through 19 of Count Three,as if fully set forth herein.
`
`20.
`
`The Defendant should haverealized that their conduct involved an unreasonable risk
`
`of causing emotional distress and that that distress, if caused, mightresult in illness or bodily harm.
`
`

`

`21.
`
`As a result of the Defendant’s conduct, the Plaintiff has suffered emotional distress,
`
`including, but not limited to severe humiliation, embarrassment, nightmares, reliving of the event,
`
`and harmto her psyche and reputation, requiring intensive psychological treatment.
`
`22.
`
`Thedistress created by being violently and sexually assaulted, was of such a nature as
`
`mightresultin illness or bodily harm, and did so result.
`
`23.
`
`Asa furtherresult of the Defendants’ conduct, the Plaintiff has been deprived ofher
`
`dignity, employment, income, wages,benefits, and the ability to enjoy a normallife.
`
`COUNTFOUR:(IntentionalInfliction of Emotional Distress as to [CARE HEALTH
`MANAGEMENT, LLC)
`
`1.-23. Paragraphs | through 23 of Count Twoare hereby repeated andre-alleged as
`
`Paragraphs | through 23 of Count Four, asiffully set forth herein.
`
`24.
`
`The Defendant engaged in extreme and outrageous conduct. For example:
`
`a. The Defendant knowingly and willfully placed or allowed to be placed, a known,
`convictedrapist into a dementia unit that was not designed to receive such
`patients;
`
`b. The Defendant knew that the convicted rapist did not meet the qualifications for
`the dementia unit at Fresh River;
`
`c. The Defendant placed a convicted rapist in the dementia unit, despite the
`foregoing, and even thoughthere wereother facilities including, but not limited
`to, 60 West, which were equipped to handle residents with Mr. Lopez’s
`background;
`
`d. The Defendantplaced the convicted rapist in the dementia unit where the Plaintiff
`worked overthe objections of staff members including butnot limited to the
`Plaintff;
`
`e. The Defendant kept Mr. Lopez in the dementia unit for their benefit even though
`he had repeatedly violated policies, such as entering staff only areas, using staff
`
`

`

`f.
`
`The Defendant kept Mr. Lopez in the dementia unit fortheir benefit even though
`he had repeatedly disrespected, threatened, intimidated, andfrightened other
`female patients andstaff;
`
`g. The Defendant failed to provide adequate security andtraining forthe staff in the
`dementia unit of Fresh River Healthcare.
`
`25.
`
`The Defendantintendedto inflict emotional distress, or knew or should have known
`
`that their conduct would likely result in emotionaldistress.
`
`26.|The Defendants’ conduct was the cause ofthe Plaintiffs emotionaldistress.
`
`27.
`
`As a result of the Defendant’s conduct, the Plaintiff has suffered severe emotional
`
`distress, including, but not limited to severe humiliation, embarrassment, nightmares,reliving of the
`
`event, anxiety, and harm to her psyche andreputation, requiring intensive psychological treatment.
`
`28.
`
`As a further result of the Defendants’ conduct,the Plaintiff has been deprived of her
`
`dignity, employment, income, wages, benefits, and the ability to enjoy a normallife.
`
`COUNT FIVE (Willful/Reckless/Wanton as to Kettle Brook Care Center, LLC d/b/a Fresh
`
`River Healthcare)
`
`l.
`
`On May 19, 2021 the Defendant, Kettle Brook Care Center, LLC was a
`
`Connecticut limited liability company authorized to do business in Connecticut and was doing
`
`business as Fresh River Healthcare (hereinafter referred to as “Kettle Brook”).
`
`2. On May 19, 2021 the Defendant, Kettle Brook, owned, operated, managed and/or
`
`possessed a nursing homebusiness at 96 Prospect Hill Road, East Windsor, CT and was doing
`
`business as Fresh River Healthcare.
`
`3. On May 19, 2021 the Defendant, Kettle Brook, was in the business of providing nursing
`
`

`

`homecareto patients at Fresh River Healthcare.
`
`4. Onsaid date, the Plaintiff, JANE DOE, was employed by the Defendant, Kettle Brook,
`
`in the dementia unit.
`
`5. Prior to said date, the Defendant, Kettle Brook, had anotherfacility in Rocky Hill,
`
`Connecticut called “60 West” wherein they had a unit that was equipped with security, safety
`
`protocols and staffed to take in recentparolees.
`
`6. On April 20, 2021 the Defendant, Kettle Brook, took in to Fresh River Healthcare
`
`dementia unit Miguel Lopez who had beenconvicted of a violent rape in Massachusetts in 2012
`
`despite him not meeting the entrance qualifications for the dementia unit at Fresh River Healthcare
`
`and overthe objections of manyoftheirstaff.
`
`7. On May 19, 2021 at approximately 1:45 p.m. while the Plaintiff, JANE DOE was
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`working, Miguel Lopez unlawfully detained herin his room and violently sexually assaulted her.
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`8. Prior to May 19, 2021, the Defendant, Kettle Brook,its agents, servants and/or
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`employees, knew that since Miguel Lopez had been admitted on April 20, 2021, that he had acted in
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`a violent, hostile and aggressive manner toward womenincluding, but not limited to, scaring another
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`{:male patient to dischargeherself from the facility against medical advice, that he had been
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`aggressive, belligerent, threatening and disrespectful toward femalestaff, that he had kicked doors,
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`that staff had to use force to control his behaviorand he had violated companypolicyby entering
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`staff only areas andutilizing the staff computer to watch p*rnography.
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`9. Despite all of the foregoing, the Defendant, Kettle Brook,failed and refused to discharge
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`10. Furthermore, the Defendant, Kettle Brook, its agents, servants and/or employees, did not
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`register Miguel Lopez as a sex offenderand did not require him to do so.
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`11. Additionally, the Defendant, Kettle Brook, its agents, servants and/or employees, failed
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`to provide security, change policies and/or give staff members any information,training, protective
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`devices or guidance how to deal with a sex offender.
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`12. The Plaintiff's, JANE DOE ’s, injuries were caused by the willful, wanton, reckless and
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`serious misconduct of the Defendant, Kettle Brook,its agents, servants and/or employees,in
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`disregard of the just rights and safety of others, including the Plaintiff,JANE DOE,in one or more
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`of the following respects, in that:
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`j.
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`They willfully, wantonly and/or recklessly placed a convictedrapist in the
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`facility;
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`In that they willfully, wantonly and/orrecklessly failed to move Miguel Ortiz,
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`despite his behavior, out of the dementia unit;
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`They willfully, wantonly and/or recklessly failed to place MiguelOrtiz in “60
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`West,”or another facility which was staffed and equipped to deal with recent
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`parolees;
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`. They willfully, wantonly and/orrecklessly failed to transfer Miguel Ortiz prior to
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`May 19, 2021 to “60 West,” or anotherfacility despite his behavior;
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`n.
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`They willfully, wantonly and/or recklessly took the risk that their female residents
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`and staff at Fresh River Healthcare, including the Plaintiff, JANE DOE, would be
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`o. They willfully, wantonly and/orrecklessly violated Connecticut General Statutes
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`Section 31-49 by willfully and/or recklessly failing to provide the Plaintiff, JANE
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`DOE,with a reasonably safe place in which to work;
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`p. They willfully, wantonly and/orrecklessly failed to take actions, implement safety
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`measures, implementpolicies, give self-defense training or otherwisetrain staff at
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`Fresh River Healthcare how to work with sex offenders priorto the Plaintiffs,
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`JANE DOE’s, sexual assault;
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`q. They willfully, wantonly and/or recklessly failed to establish appropriate policies
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`and proceduresin place at Fresh River Healthcare to protect employees and
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`residents; and/or
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`r. They willfully, wantonly and/orrecklessly failed to modify or establish new
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`policies and proceduresat Fresh River Healthcare in response to Miguel Ortiz’
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`behaviorprior to May 19, 2021 to protect employees andresidents.
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`13. At all times material hereto, the Defendant’s, Kettle Brook’s, and/or its agents, servants
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`and/or employees, actions werein reckless disregard of the consequences and were a substantial
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`factor in causing the Plaintiff's,JANE DOEF’s, injuries.
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`14,
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`As a result of the Defendant’s, Kettle Brook’s, conduct the Plaintiff, JANE DOE,
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`suffered the followinginjuries, some of which may be permanent in nature and which were caused
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`by or »ggravated by said detainmentand assault:
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`a.
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`injury to her neck;
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`c.
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`d.
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`é.
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`f.
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`g.
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`injury to herribs;
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`injury to herbreast;
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`damageto herteeth;
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`contusions and abrasionsto the body;
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`shock to the nervous system.
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`15. Asafurtherresult the Plaintiff, JANE DOE,suffered pain and severe suffering
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`eccompaniedby pain, anxiety, post-traumatic stress and loss ofsleep.
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`16.
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`From all of the aforementioned injuries and the effects thereof, the Plaintiff,