Filing # 116551592 E-Filed 11/12/2020 12:17:21 PM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR THE CIRCUIT CIVIL DIVISION, OF LEON COUNTY, FLORIDA DEBORAH PHILLIPS, individually and as the Personal Representative/Executor De Son Tort of the Estate of ALBERT CASE NO.: 2020 CA 002088 PHILLIPS, Deceased, Plaintiff, vs. PENSACOLA CARE, INC., d/b/a TALLAHASSEE DEVELOPMENTAL CENTER, Defendant. COMPLAINT COMES NOW, Plaintiff, DEBORAH PHILLIPS, individually and as the Personal Representative/Executor De Son Tort of the Estate of ALBERT PHILLIPS, Deceased, sues Defendant, PENSACOLA CARE, INC., d/b’a TALLAHASSEE DEVELOPMENTAL CENTER and alleges: 1, This is an action for damages that exceeds the sum of THIRTY THOUSAND. DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of the claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data collection and clerical purposes only). ‘The actual value of Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const2. Plaintiff, DEBORAH PHILLIPS, is, and at all times material to this action, was a resident of Leon County, Tallahassee, Florida, 3. ALBERT PHILLIPS (deceased), was a resident of Leon County, Tallahassee, Florida at the time of his death, 4. Atall times material to this action, Defendant, PENASACOLA CARE, INC., was a Florida corporation licensed to do business in the State of Florida. 5. Atall times material to this action, Defendant, PENSACOLA CARE, INC., was the owner and in possession of the business known as TALLAHASSEE DEVELOPMENTAL CENTER, located at 455 Appleyard Drive, in Leon County, Tallahassee, Florida, NEGLIGENCE OF PENSACOLA CARE, IN d/b/a TALLAHASSEE DEVELOPMENTAL CENTER, INC 6. Plaintiff restates and realleges paragraphs 1-5 of this Complaint as if each paragraph was fully repeated verbatim. 7. On or about March 31, 2020 Plaintiff, DEBORAH PHILLIPS, was employed at TALLAHASSEE DEVELOPMENTAL CENTER. 8. At that time and place, Plaintiff, DEBORAH PHILLIPS, was an invitee lawfully on the property of the Defendant, which owed her a duty to exercise reasonable care for her safety. 9. Defendant, PENSACOLA CARE, INC. d/b/a. TALLAHASSEE DEVELOPMENTAL CENTER, was operating a business that provided long term care to patients/residents at all times material to this action. 10. On March 18, 2020, the Agency for Health Care Administration (AHCA) issued a recommendation that all stafT of long term care facilities should wear masks to prevent the spread of COVID-19.11. Only eight days later, on March 26, 2020, PENSACOLA CARE, INC dibia TALLAHASSEE DEVELOPMENTAL CENTER, issued a notice “requiring staff not to wear face masks...” (emphasis added) 12, Based on the notice provided to long term care facilities by AHCA, PENSACOLA CARE, INC. d/b/a TALLAHASSEE DEVELOPMENTAL CENTER knew or should have known of the danger created by preventing their employees from wearing personal protective equipment (PPE) in an environment like the Tallahassee Developmental Center. 13, As a result of the prohibition against wearing PPE, Plaintiff, DEBORAH PHILLIPS, contracted COVID-19 in late March or early April of 2020. 14, Asa result of Plaintiff, DEBORAH PHILLIPS, contracting COVID-19, ALBERT PHILLIPS (deceased) was exposed to COVID-19 by his wife Plaintiff, DEBORAH PHILLIPS, as a result of her exposure at TALLAHASSEE DEVELOPMENTAL CENTER. 15. On or around April 11, 2020, ALBERT PHILLIPS (deceased) contracted COVID-19 from his wife, Plaintiff, DEBORAH PHILLIPS. 16. ALBERT PHILLIPS (deceased) succumbed to the disease on May 1, 2020. 17. At said time and place, Defendant breached its duty owed to Albert Phillips by committing one or more of the following omissions or commissions: a) Negligently creating a condition that Defendant knew or should have known would result in a dangerous condition to the general public, including Plaintiff herein and her immediate family, including Albert Phillips; b) Negligently failing to maintain or adequately maintain the personal protection equipment for its employees and/or residents on Defendant’s property, thus creating a°) d) °) 18, izing said property, inclu hazardous condition to. members of the public Plaintiff herein and her immediate family, including Albert Phillips; Negligently failing to inspect or adequately inspect and/or provide personal protection equipment for its employees and/or residents as specified above, to ascertain whether the property and floors risks associated with COVID-19 constituted a hazard to pedestrians utilizing said property, including Plaintiff herein and her immediate family, including Albert Phillips; Negligently failing to war or adequately warn the Plaintiff of the danger of not wearing personal protection equipment while on Defendant’s premises, when Defendant knew or through the exercise of reasonable care should have known that not utilizing personal protection equipment was unreasonably dangerous; and Negligently failing to correct or adequately correct the unreasonably dangerous condition of the on Defendant's premises, when said condition was cither known to Defendant or had existed for a sufficient length of time such that Defendant should have known of same had Defendant exercised reasonable care. Negligently preventing employees from taking all reasonable measures to prevent exposure and acquisition of COVID-19, thereby exposing employees and their immediate family, including Albert Phillips (deceased), to serious bodily harm. As a direct and proximate result of the negligence of Defendant, ALBERT PHILLIPS (deceased), suffered an untimely death. Moreover, pursuant to Section 768.16, et seq., Florida Statutes, Plaintiff, DEBORAH PHILLIPS, as the Personal Representative/Executor De Son Tort of the Estate of ALBERT PHILLIPS, Deceased, will in the future suffer mental pain and anguish, loss of support and services, loss of companionship, medical and funeral expenses,lost net accumulations, and such other losses and damages as permitted under Florida's Wrongful Death Act, and will continue to suffer those losses in the future. WHEREFORE, Plaintiff, DEBORAH PHILLIPS, individually and as the Personal Representative/Executor De Son Tort of the Estate of ALBERT PHILLIPS, Deceased demands judgment for damages against Defendant, PENSACOLA CARE, INC., d/b’a TALLAHASSEE DEVELOPMENTAL CENTER. Plaintiffs further request a jury trial in this matter. Respectfiully submitted this 12" day of November, 2020. s/ Tyler B, Everett Tyler B. Everett, Esquire FBN 0040969 Morgan & Morgan 313 North Monroe Street, Suite 401 Tallahassee, Florida 32301 TEverett@forthepeople.com Secondary Email: TEllis@forthepeople.com JHowell@forthepoeple.com Phone: (850) 329-6895 Fax: (850) 270-9006 Attomeys for Plaintitt