5/13/2020 3:00 PM

Velva L. Price
District Clerk
D-1-GN-20-002630 Travis County
CAUSE NO. ____________________ D-1-GN-20-002630
Victoria Benavides

FLORENCE DODSON, Individually § IN THE DISTRICT COURT

and as the Representative of the Estate §
of MAURICE DOTSON, Deceased, §
§
Plaintiff, §
§
V. § TRAVIS COUNTY, TEXAS
§
REGENCY IHS OF WEST OAKS,
LLC d/b/a WEST OAKS NURSING
§
AND REHABILITATION CENTER,
§
§
Defendant. § 98TH
____ JUDICIAL DISTRICT
§

PLAINTIFF'S ORIGINAL PETITION AND

REQUEST FOR DISCLOSURE

Plaintiff FLORENCE DODSON, Individually and as Representative of the Estate of

MAURICE DOTSON, files this Original Petition and Request for Disclosure, complaining of

REGENCY IHS OF WEST OAKS, LLC doing business as WEST OAKS NURSING AND

REHABILITATION CENTER, and for cause of action, states the following:

SUMMARY

This lawsuit arises out of the tragic and unnecessary death of Maurice Dotson, an
employee of Regency IHS of West Oaks, LLC (“Regency”). Mr. Dotson was a devoted certified
nurse aide who lovingly cared for patients at West Oaks Nursing and Rehabilitation Center in
Austin, Texas. On March 24, 2020, Maurice posted online, "I love what I do as a CNA, it's
rewarding to know you made a difference in someone's life.” But, sadly, Regency put profits
over the safety of its patients and staff by failing to provide personal protective equipment
(“PPE”) during the COVID-19 pandemic. By failing to provide masks and other PPE, Regency
unnecessarily exposed its patients and staff to unreasonable risks of serious harm causing Mr.
Dotson’s untimely death. By the first week of March 2020, Regency knew or should have known
about the COVID-19 outbreak at Life Care Center of Kirkland, a long term care facility in
Washington state. Regency knew or should have known then that COVID-19 was an imminent
threat to the health, safety and well-being of patients and staff but did nothing to protect them.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 1! OF !9

 DISCOVERY CONTROL PLAN

1. Plaintiff intends to conduct discovery in this matter under Level 3 of TEXAS

RULES OF CIVIL PROCEDURE (“TRCP”) and affirmatively pleads that this suit does not fall under

the expedited-actions process of TEXAS RULE OF CIVIL PROCEDURE 169. Plaintiff requests that

the Court enter a Level 3 Scheduling Order pursuant to TRCP 190.4.

JURY DEMAND

2. Pursuant to Rules 216 and 217 of the TEXAS RULES OF CIVIL PROCEDURE,

Plaintiff requests a jury trial of this matter. Plaintiff has tendered the proper jury fee with the

filing of this Original Petition.

RULE 47 STATEMENT OF MONETARY RELIEF SOUGHT

3. Plaintiff prefers to have the jury determine the fair amount of compensation for

Plaintiff’s damages, and put the decision regarding the amount of compensation to be awarded in

the jury’s hands. Rule 47 of the TEXAS RULES OF CIVIL PROCEDURE, however, requires Plaintiff

to provide a statement regarding the amount of monetary relief sought. Accordingly, Plaintiff

states that monetary relief of over $1,000,000, in an amount to be determined by the jury, is

being sought.

PARTIES

4. Plaintiff FLORENCE DODSON files suit individually, and on behalf of the Estate

of her son, Maurice Dotson.

5. Defendant Regency IHS of West Oaks, LLC d/b/a West Oaks Nursing and

Rehabilitation Center is a foreign limited liability company with its principle place of business in

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 2! OF 9!

Texas. Defendant operates and manages the long term care facility at 3200 W. Slaughter Lane,

Austin, Texas, 78748, and may be served through its registered agent:

The Registered Agent Company

815 Brazos, Suite 500
Austin, Texas 78701.

VENUE AND JURISDICTION

6. Venue is proper in this Court pursuant to §15.001 et seq. of the TEXAS CIVIL

PRACTICE & REMEDIES CODE because all or a substantial part of the acts or omissions giving rise

to Plaintiff’s cause of action occurred in Travis County, Texas. Jurisdiction is proper because the

amount in controversy exceeds the minimum jurisdictional limits of this Court.

FACTUAL BACKGROUND

7. Plaintiff’s claims arise out of the tragic and unnecessary death of her son, Maurice

Dotson, an employee of Regency, which operates and manages West Oaks Nursing Home and

Rehabilitation Center. In early 2020, the highly contagious COVID-19 virus (SARS-CoV-2) was

discovered in the United States and spread across the country. Despite an alarming pandemic,

Defendant failed to properly prepare, respond, and provide its employees with personal

protection equipment as required by the Texas Health and Human Services Commission

(HHSC), Occupational Safety and Health Administration (OSHA), Centers for Medicare &

Medicaid Services (CMS), and Centers for Disease Control (CDC).

8. During March of 2020, Maurice Dotson was required to perform his job of caring

for patients without proper PPE despite the serious risk of haram to himself, patients, and other

employees. On April 3, 2020, Mr. Dotson felt so sick that he presented to St. David’s South

Austin Medical Center ER. He was discharged home but his health continued to deteriorate.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 3! OF 9!

During the early morning hours of April 8, 2020, Mr. Dotson called 911 to request an ambulance.

He was taken by EMS back to St. David’s South Austin Medical Center where he was admitted.

After nine more days of suffering from severe respiratory distress, Mr. Dotson died of COVID-19

pneumonia on April 17, 2020, without any friends or family allowed at his bedside due to

COVID-19 visitor restrictions in effect at hospitals.

9. Reports have indicated that, on or about March 26, 2020, Texas Health and

Human Services conducted a surprise inspection of West Oaks Nursing and Rehabilitation

Center and Defendant was cited for several PPE violations.

10. At https://www.regencyhealthcare.com/locations/west-oaks-nursing-and-

rehabilitation-center, Regency (falsely) advertises that it is “up to date with all of the latest

healthcare trends and skills” and “[e]nsuring quality of life for our residents and our employees

is our mission” as well as to “achieve the best quality of life attainable.”

CAUSES OF ACTION AGAINST DEFENDANT

11. Regency is liable via negligence, negligence per se, negligent hiring, and gross

negligence. Regency owed a duty to its employees to provide a safe working environment.

Defendant breached that duty by numerous acts and/or omissions including but not limited to

failing to provide proper PPE during a global pandemic, which was a proximate cause of Mr.

Dotson’s exposure to COVID-19, and death.

12. Regency's numerous negligent acts or omissions include but are not limited to:

a. failing to act with ordinary care;

b. failing to recognize the likelihood and appreciate the danger of COVID-19
virus at the long term care facility it operated and managed;

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 4! OF 9!

 c. failing to develop and implement policies and procedures regarding how
to respond to the presence of the COVID-19 virus in the facility’s high
risk patient population;
d. failing to ensure that its staff were trained on policies and procedures
regarding how to prevent, recognize, appreciate, contain and minimize the
COVID-19 virus in the facility and high risk patient population;
e. failing to train and supervise nurse aides regarding the use of proper PPE
when caring for patients, including how to don and doff PPE;
f. failing to ensure that its staff, including nurse aides, had appropriate and
necessary PPE to care for patients, especially those with COVID-19;
g. failing to notify the appropriate authorities of the outbreak in the facility
and hire qualified professionals to train staff and/or provide care for
patients with COVID-19; and
h. failing to protect Maurice Dotson, patients and other staff from foreseeable
harm.

13. Regency’s numerous negligent acts or omissions are a proximate cause of

Plaintiff’s damages.

14. Defendant controlled and managed West Oaks Nursing and Rehabilitation Center,

and was responsible for the safety of its employees.

15. As a nonsubscriber to the TEXAS WORKERS’ COMPENSATION ACT, Defendant is

deprived of certain common law defenses including, but not limited to, asserting any

comparative fault of Plaintiff, or that the Plaintiff assumed the risk of injury or death.

16. Defendant breached Occupational Safety and Health Administration standards

including, but not limited to, 1910.132, 1910.134, and 1910.138; and violated regulations of the

Texas Health and Human Services Commission and Centers for Medicare & Medicaid Services.

17. At all relevant times, the employees or agents of Regency whose conduct is

implicated herein were in the course and scope of their employment or acting as agents of

Regency such that Regency is liable for the conduct of those employees or agents.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 5! OF 9!

 18. The conduct of Regency as set forth above constitutes gross negligence as defined

by law. Regency was consciously aware of an extreme degree of risk to its patient and healthcare

workers such as Maurice Dotson and those similarly situated, but it nevertheless proceeded in

failing to act to protect them in complete disregard for the rights, safety and welfare of Mr.

Dotson and those similarly situated. For this gross negligence, Plaintiff specifically pleads for

the recovery of exemplary damages as set forth herein.

INJURIES AND DAMAGES

Survival Damages for Maurice Dotson, Deceased

19. As a result of Defendant’s negligent acts and/or omissions, Maurice Dotson

sustained mental anguish, physical pain and suffering before he died. His Estate is entitled to

recover for his damages, including but not limited to, mental anguish, pain and suffering, as well

as medical expenses, funeral bills and expenses, pursuant to the Texas Survival Statute, as

codified in Chapter 71 of the TEXAS CIVIL PRACTICE & REMEDIES CODE.

Wrongful Death Damages for Florence Dodson

20. As a result of Defendant’s negligent acts and/or omissions causing the death of

her son Maurice Dotson, Plaintiff Florence Dodson is heartbroken and has suffered damages in

the past, and will continue to suffer damages in the future, including but not limited to, mental

anguish, grief, bereavement, loss of financial contributions, loss of services, loss of advice, care

and counsel, loss of society and companionship, and seeks to recovery for past and future

damages pursuant to the Texas Wrongful Death Act, as codified in Chapter 71 of the TEXAS

CIVIL PRACTICE & REMEDIES CODE.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 6! OF 9!

Exemplary Damages

21. Plaintiffs are entitled to exemplary damages from Defendant under Chapter 41 of

the TEXAS CIVIL PRACTICE & REMEDIES CODE, because Defendant’s acts and/or omissions,

when viewed objectively from the standpoint of Defendant at the time of the occurrence,

involved an extreme degree of risk, considering the probability and magnitude of the potential

harm to others. Defendant had actual, subjective awareness of the risk involved but, nevertheless,

proceeded with conscious indifference to the rights, safety and welfare of Maurice Dotson, other

employees and patients. Such conduct amounts to gross negligence or malice, as those terms are

defined by law, so as to give rise to an award of exemplary or punitive damages, for which

Plaintiff now pleads against Regency. Additionally, by reason of such conduct, Plaintiff is

entitled to and therefore asserts a claim for punitive and exemplary damages in an amount

sufficient to punish and deter Regency, and other managers/operators of long term care facilities

like them, from such conduct in the future.

22. Defendant is liable for exemplary damages based upon the actions or inactions of

its employees and agents because Defendant authorized, approved or ratified the actions,

inactions and/or the manner of the acts. Further, the employees or agents with managerial or

decision-making capacity were unfit, and Defendant acted with gross negligence or malice in

employing or retaining those employees and agents who were acting in the course and scope of

their employment.

23. Each of the grossly negligent, malicious and/or fraudulent acts of Regency

independently give rise to an award of exemplary or punitive damages, for which Plaintiff pleads

against Regency in an amount sufficient to punish and deter Regency, and other managers/

operators of long term care facilities like them, from such conduct in the future.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 7! OF 9!

 PREJUDGMENT AND POST-JUDGMENT INTEREST

24. Plaintiff claims interest in accordance with TEXAS FINANCE CODE §304.001 et

seq., and any other applicable law.

REQUEST FOR DISCLOSURE

25. Under TEXAS RULES OF CIVIL PROCEDURE 194, Plaintiff requests that Defendant

disclose and produce to Plaintiff’s counsel, within 50 days of the service of this request, the

information or material described in Rule 194.2.

PRESERVATION OF EVIDENCE

26. The Defendant is hereby given notice that any document or other material,

including electronically stored information that may be evidence or relevant to any issue in this

case is to be preserved in its present form until this litigation is concluded.

NOTICE PURSUANT TO TRCP 193.7

27. Plaintiff provides notice to Defendant pursuant to Rule 193.7 of the TEXAS RULES

OF CIVIL PROCEDURE that Plaintiff may utilize as evidence during the trial of this lawsuit all

documents exchanged by the parties in written discovery in this case.

PRAYER

28. Plaintiff requests that Defendant be cited to appear and answer, and that this case

be tried, after which Plaintiff recovers:

a. Judgment against Defendants for a sum within the jurisdictional limits of

this Court for the damages outlined above;
b. Pre-judgment and post-judgment interest at the maximum amount allowed
by law;
c. Costs of suit; and
d. Such other and further relief to which Plaintiffs may be justly entitled.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 8! OF 9!

 Respectfully submitted,

CRAIN BROGDON ROGERS, LLP

s/ Quentin Brogdon
______________________________
Quentin Brogdon
State Bar No. 03054200
Robert D. Crain
State Bar No. 00790525
3400 Carlisle Street, Suite 200
Dallas, Texas 75204
Phone: (214) 522-9404
Fax: (214) 969-5522
[email protected]
[email protected]

KEARNEY LAW FIRM, PLLC

Kathleen M. Kearney
State Bar No. 24053298
Adelfa B. Callejo Building
4310 N. Central Expressway, Suite 110
Dallas, Texas 75206
Phone: (214) 810-1867
Fax: (844) 810-6458
[email protected]

ATTORNEYS FOR PLAINTIFF

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 9! OF 9!

 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Kathleen Kearney on behalf of Kathleen Kearney

Bar No. 24053298
[email protected]
Envelope ID: 42954659
Status as of 05/14/2020 08:55:25 AM -05:00

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Robert Deniger Crain 790525 [email protected] 5/13/2020 3:00:08 PM SENT

Quentin Brogdon 3054200 [email protected] 5/13/2020 3:00:08 PM SENT

Kathleen Kearney [email protected] 5/13/2020 3:00:08 PM SENT

Kathryn Kline [email protected] 5/13/2020 3:00:08 PM SENT

Michael Fitzgerald [email protected] 5/13/2020 3:00:08 PM SENT

 6/22/2020 8:00 AM
Velva L. Price
District Clerk
CAUSE NO. D-1-GN-20-002630 Travis County
D-1-GN-20-002630
FLORENCE DODSON, INDIVIDUALLY § IN THE DISTRICT COURT Irene Silva
AND AS THE REPRESENTATIVE OF §
THE ESTATE OF MAURICE DOTSON, §
DECEASED §
Plaintiff, §
§
vs. § 98TH JUDICIAL DISTRICT
§
REGENCY IHS OF WEST OAKS, LLC, §
D/B/A WEST OAKS NURSING AND §
REHABILITATION CENTER § TRAVIS COUNTY, TEXAS
Defendant. §

DEFENDANT REGENCY IHS OF WEST OAKS, LLC D/B/A WEST OAKS NURSING
AND REHABILITATION CENTER’S ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Regency IHS of West Oaks, LLC d/b/a West Oaks Nursing and

Rehabilitation Center, Defendant in the above-entitled and numbered cause, and files this its

Original Answer to Plaintiff’s Original Petition, and would respectfully show the Honorable

Court as follows:

I.
GENERAL DENIAL

Defendant generally denies the allegations contained in Plaintiff’s Original Petition, and

demands strict proof thereof as required by the Texas Rules of Civil Procedure 92. Defendant

reserve the right to plead further and in greater particularity as the case progresses should such be

indicated.

II.

Defendant invokes each of the applicable provisions of Chapter 74 of the Texas Civil

Practice and Remedies Code.

DEFENDANT REGENCY IHS OF WEST OAKS, LLC D/B/A WEST OAKS NURSING AND REHABILITATION CENTER’S
ORIGINAL ANSWER – Page 1
1589477
 PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant Regency IHS of West Oaks,

LLC d/b/a West Oaks Nursing and Rehabilitation Center, prays that upon final hearing hereof,

Plaintiff takes nothing by this suit, that Defendant recovers its costs, and that Defendant has such

other and further relief, both at law and in equity, to which it may be justly entitled.

Respectfully submitted,

By:
STUART B. O'NEIL
Texas Bar No. 15285800
[email protected]
(214) 672-2136
(214) 672-2336 (Fax)
COWLES & THOMPSON, P.C.
901 Main Street, Suite 3900
Dallas, TX 75202
(214) 672-2000

ATTORNEYS FOR DEFENDANT

REGENCY IHS OF WEST OAKS, LLC
D/B/A WEST OAKS NURSING AND
REHABILITATION CENTER

CERTIFICATE OF SERVICE

This is to certify that on the 21st day of June 2020, the foregoing was electronically filed

with the Clerk of the Court using the e-filing system which will send notification of such filing to

all counsel of record.

STUART B. O’NEIL

DEFENDANT REGENCY IHS OF WEST OAKS, LLC D/B/A WEST OAKS NURSING AND REHABILITATION CENTER’S
ORIGINAL ANSWER – Page 2
1589477
 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Alicia Gonzalez on behalf of Stuart O'Neil

Bar No. 15285800
[email protected]
Envelope ID: 43910115
Status as of 06/22/2020 10:03:13 AM -05:00

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Quentin Brogdon 3054200 [email protected] 6/21/2020 10:47:27 PM SENT

Robert Deniger Crain 790525 [email protected] 6/21/2020 10:47:27 PM SENT

Kathleen Kearney [email protected] 6/21/2020 10:47:27 PM SENT

Michael Fitzgerald [email protected] 6/21/2020 10:47:27 PM SENT

Kathryn Kline [email protected] 6/21/2020 10:47:27 PM SENT

Stuart O'Neil [email protected] 6/21/2020 10:47:27 PM SENT

Alicia Gonzalez [email protected] 6/21/2020 10:47:27 PM SENT