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D-1-GN-20-002630.pdf Conf144446
D-1-GN-20-002630.pdf Conf144446
Velva L. Price
District Clerk
D-1-GN-20-002630 Travis County
CAUSE NO. ____________________ D-1-GN-20-002630
Victoria Benavides
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
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.
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
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
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
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
Austin, Texas, 78748, and may be served through its registered agent:
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
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 &
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.
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
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
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
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.
12. Regency's numerous negligent acts or omissions include but are not limited to:
Plaintiff’s damages.
14. Defendant controlled and managed West Oaks Nursing and Rehabilitation Center,
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.
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.
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
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
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
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
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.
24. Plaintiff claims interest in accordance with TEXAS FINANCE CODE §304.001 et
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
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
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
PRAYER
28. Plaintiff requests that Defendant be cited to appear and answer, and that this case
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]
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]
Case Contacts
DEFENDANT REGENCY IHS OF WEST OAKS, LLC D/B/A WEST OAKS NURSING
AND REHABILITATION CENTER’S ORIGINAL ANSWER
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
DEFENDANT REGENCY IHS OF WEST OAKS, LLC D/B/A WEST OAKS NURSING AND REHABILITATION CENTER’S
ORIGINAL ANSWER – Page 1
1589477
PRAYER
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
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
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.
Case Contacts