ELECTRONICALLY FILED

COURT OF COMMON PLEAS

Tuesday, November 17, 2020 3:06:03 PM
CASE NUMBER: 2020 CV 04422 Docket ID: 35045673
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO

CIVIL DIVISION

DAVID BRANNON, Admn. Of the : CASE NO. __________________________

Estate of TAKODA COLLINS, :
deceased :
JUDGE: _____________________________
130 W. Second St. Suite 900 :
Dayton, OH 45402 :
:
:
Plaintiff, :
COMPLAINT FOR MEDICAL
:
NEGLIGENCE, WRONGFUL DEATH,
vs. :
AND OTHER HEALTH CARE ISSUES;
:
JURY DEMAND ENDORSED HEREON
:
DAYTON CHILDRENS’ HOSPITAL :
c/o Acme Agent, Inc., Statutory Agent :
41 South High Street Suite 2800 :
Columbus, OH 43215 :
:
Also Serve: Dayton Childrens’ :
Hospital :
One Children’s Plaza :
Dayton, OH 45404 :

and :

JANE and/or JOHN DOES, who are :

physicians, social workers, nurses, and :
other medical providers who provided
treatment to Takoda Collins, whose
identities are unknown at this time but
shall be ascertained during discovery

Defendants :

Now comes the Plaintiff, by and through counsel, and as and for his Complaint does hereby

state as follows.

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 PARTIES

1. David Brannon (hereinafter referred to as “Plaintiff” or “Brannon”) is the

Administrator of the Estate of Takoda Collins, having been appointed same by the Montgomery
County Probate Court in Case No. 2020EST00199 on March 2, 2020.

2. Plaintiff David Brannon brings this action on behalf of the Estate of Takoda Collins
(hereinafter, “Takoda”).

3. Defendant Dayton Children’s Hospital (hereinafter, “Dayton Children’s”) is an

Ohio corporation and a duly licensed hospital and/or clinic under the laws of the State of Ohio.
Defendant Dayton Children’s, through its agent(s), servant(s), and employee(s) was responsible
for rendering appropriate care and treatment to Takoda Collins on or about November 16-17, 2018,
and at various times previous thereto and thereafter.

4. Defendants Jane and/or John Does are physicians, nurses, social workers and/or
other health care providers who provided treatment to Takoda Collins whose identities are not
known at this time but shall be ascertained through discovery.

5. Pursuant to Ohio Civ. R. 19, Plaintiffs are unaware of the names of any other
necessary parties to this action and, therefore, are unable to join such parties at this time, other
than those disclosed to the public and included herein. Plaintiffs will immediately conduct
discovery pursuant to Ohio Civ. R. 37(D) and R.C. 2317.48 in order to ascertain the identity of
any such potentially adverse parties necessary, or like and similar defendants, and to ascertain any
other causes of action to which any child, or their guardian, may be entitled to relief/remedy against
the named Defendants or anyone yet to be made a necessary or indispensable party.

6. At all times pertinent herein all Defendants acted as employees, agents, or

ostensible agents of Dayton Children’s and Defendant Dayton Children’s is estopped to deny
agency.

7. At all times relevant herein, Takoda Collins, was a patient under the joint and
several care of all Defendants.

FIRST CAUSE OF ACTION

(Medical Negligence)

8. Plaintiff incorporates all foregoing paragraphs as if fully rewritten herein.

9. On or about November 16, 2018, Takoda Collins, age 9 at the time, presented to the emergency
department at Dayton Children’s and stated that he was punching the window and trying to get out
of the house because he was scared.

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10. A woman who the hospital incorrectly identified as the mother of the patient states that she
believed Takoda was sleepwalking and had gone upstairs and jumped out of a second story
bedroom window.

11. Examination by the emergency room physician revealed abrasions to his right lower abdomen,
right hand, right lateral knee, right anterior knee, left anterior lower leg, lateral aspect of the left
foot with a 10x2-1/2 cm. fascia involved and questionable involvement of the 4th and 5th extensor
tendons. Further examination revealed abrasions to his scalp.

12. Takoda was diagnosed with traumatic left foot laceration and was admitted to trauma surgery.

13. Takoda subsequently underwent debridement and repair of his left foot injury and closure of a
complex laceration.

14. On November 17, 2018 Takoda was seen by social worker, Brenda Dewberry, LISW.

15. Dewberry was informed that Children Services had previously been involved with Takoda.

16. Dewberry was aware or should have been aware that Takoda had told physicians that he was trying
to get out of the house because he was scared.

17. Dewberry was aware or should have been aware that Takoda suffered from Multiple abrasions to
his body.

18. At the conclusion of her evaluation, Dewberry stated that she had completed a STEPP consult and
would recommend further evaluation by behavioral health and/or psychology.

19. Despite knowing that Takoda reported being scared at home, that he suffered from multiple
abrasions on his body, an abrasions to his scalp, and that Children Services had previously had a
case for him, Dewberry did not contact Children Services and did nothing to assure the safety of
Takoda Collins.

20. Takoda Collins was discharged from Dayton Children’s on November 17, 2018.

21. On December 13, 2019, Takoda Collins was taken by ambulance to Dayton Children’s where he
died.

22. Takoda Collins’ father, Al-Muhatan McLean, his fiancée Amanda Lee Hinze, and her sister
Jennifer Ebert, were criminally indicted for the death of Takoda Collins.

23. Defendants, jointly and severally, departed from the accepted standards of Medical care in failing
to properly evaluate, monitor, diagnose, treat Takoda Collins, which negligence and departures
from the accepted standards of medical care resulted in injuries and damages to Takoda Collins.

24. As a direct and proximate result of Defendants’ joint and several negligence and departures from
the accepted standards of medical care, their wrongful conduct and malpractice, Takoda Collins

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 sustained severe, disabling and permanent injuries, which continued until his death on December
13, 2019; Defendants’ acts and omissions permanently deprived Takoda of his ability to enjoy life
and caused him to suffer pain, mental anguish, and emotional distress.

25. As a direct and proximate result of the Defendants’ joint and several negligence and departures
from the accepted standards of medical care, their wrongful conduct and malpractice, prior to his
death Takoda Collins had to submit to and undergo numerous and extensive medical treatments,
surgeries, x-rays and examinations, incurred medical expenses in an amount yet to be determined;
and suffered the unimaginable tragedy of imminent death.

26. As a direct and proximate result of the Defendants’ joint and several negligence, recklessness,
wantonness, willfulness, and departures from the accepted standards of medical care, their
wrongful conduct and malpractice, Takoda Collins suffered great physical pain of the body,
suffering of the mind, and a permanent loss of enjoyment of life.

SECOND CAUSE OF ACTION

(Wrongful Death)

27. Plaintiffs incorporate all the foregoing paragraphs as if fully rewritten herein.

28. Plaintiff states that as a direct and proximate result of the negligence, recklessness, wantonness,
willfulness, and medical malpractice of the Defendants, jointly and severally, Takoda Collins met
his death on December 13, 2019.

29. Takoda Collins left surviving him a mother, two brothers, grandmother, and other next-of-kin for
whose benefit this action is brought.

30. As a direct and proximate result of the wrongful conduct and medical malpractice of the
Defendants, jointly and severally, causing the death of Takoda Collins his next-of-kin, have been
deprived of his support, services, society, companionship, consortium, care, assistance, attention,
protection, advice, guidance, counsel, instruction, training, education, prospective inheritance and
have suffered emotional trauma and mental anguish.

31. Plaintiff has incurred funeral expenses in an amount yet to be determined by reason of the wrongful
death of Takoda Collins.

THIRD CAUSE OF ACTION

(Survivorship)

32. Plaintiffs incorporate all the foregoing paragraphs as if fully rewritten herein.

33. As a direct and proximate result of the wrongful conduct of the Defendants, Takoda Collins
suffered severe and permanent injuries resulting in his death.

34. As a direct and proximate result of the wrongful conduct of the Defendants, Takoda Collins
suffered a complete loss of enjoyment of life.

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35. As a direct and proximate result of the wrongful conduct of the Defendants, prior to his death,
Takoda Collins suffered extreme pain, suffering, mental anguish, intentional/negligent infliction
of emotional distress, and a loss of income and earning capacity in an amount yet to be determined.

FOURTH CAUSE OF ACTION

(Violation of R.C. 2151.421)

36. Plaintiff incorporates all the foregoing paragraphs as if fully rewritten herein.

37. On or about November 16, 2018, Takoda Collins was admitted to the emergency room at Dayton
Children’s Hospital.

38. Takoda presented after a fall from a second story window, from an alleged “sleep-walking” event
that was unwitnessed.

39. Takoda was supposedly found by family members lying in a pile of leaves outside the window,
with large lacerations on his foot and multiple other abrasions.

40. Surgery was performed on Takoda’s fifth toe and lateral foot due to tendon laceration.

41. Upon questioning of Takoda and his “parents,” it was asserted that Takoda seemed to be having a
nightmare and “seeing blood everywhere” so he ran to the second story in the house and jumped
out of the window in a frenzied state.

42. Takoda’s biological father and his father’s girlfriend accompanied Takoda at all times during
Takoda’s treatment.

43. Takoda was not separated or questioned separately by any of the health care providers outside the
presence of his father and girlfriend.

44. Takoda’s father told the health care providers that there were no other children living in their
residence. Further, he stated that “CSB” was previously involved when he received custody due
to Takoda’s biological mother’s mental health problems.

45. Takoda and his “parents” denied any “history of physical or sexual abuse.”

46. Takoda’s father stated that his son was home-schooled and has been doing well.”

47. Takoda stated he was having a nightmare and punched out the window trying to get out because
he was “scared” and that he believed “someone was trying to kill him.”

48. Takoda later stated he has nightmares that involve ghosts and vampires that tell him to hurry up
and get out of the house.

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49. Takoda’s father’s girlfriend later told the health care providers that Takoda came into the house
and woke her with his crying, and she noted blood on his leg.

50. Takoda’s father stated Takoda was getting into trouble at school and was often placed in detention
and suspended several times.

51. Upon further questioning, health care providers recommended behavioral health and/or
psychology assessment during hospitalization.

52. After meeting with the social worker, she provided the family with resources and assisted with
food and transportation as the family was experiencing financial stressors.

53. The social worker stated she would remain involved and continue to be available to the family.

54. Takoda was discharged on or about November 17, 2018 with instructions to return.

55. On or about December 10, 2018, Takoda Collins and his father visited Dayton Children’s Hospital
for a follow-up. The treating physician noted that Takoda’s splint was removed and it was not
clear what the circumstances of the splint removal. On the same visit, Takoda’s toenails were
trimmed by the treating physician.

56. Takoda was set to return for a final follow-up visit within four weeks but was set to return to full
activity after one more week.

57. Generally, R.C. 2151.421 requires reporting of any known or suspected, actual or threatened,
physical or mental wound, injury, disability or condition of a nature that reasonably indicates abuse
or neglect of a child.

58. Health care professionals, among others, are obligated to report abuse or neglect or reasonable
suspicion of abuse or neglect, of minors or those suffering from disabilities, to those entities
specified in R.C. 2151.421.

59. Any reasonable health care provider would have reported Takoda’s case to those entitles entitled
to receive reports of child abuse or neglect under R.C. 2151.421.

60. Defendants, individually and/or collectively, had a duty to report abuse or neglect of Takoda
Collins.

61. Defendants failed to report suspected abuse or neglect of Plaintiff.

62. As a result of the failure to report, Defendants are liable under this strict liability statute.

63. Defendants are liable for compensatory and exemplary damages for the report that was not made.

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WHEREFORE, Plaintiffs demand judgment against the Defendants for the following:

A. Compensatory damages in an amount greater than $25,000.00;

B. Funeral expenses incurred by the Plaintiff in an amount to be determined;

C. Their costs of this action to include reasonable attorney fees;

D. Pre-judgment and post-judgment interest at the statutory rate;

E. For such other and further relief to which Plaintiff may be deemed entitled
at law or equity.

Respectfully submitted,

/s/ Michael L. Wright

____________________________________
Michael L. Wright (0067698)
Wright & Schulte LLC
130 W. Second St. Suite 1600
Dayton, OH 45402
Telephone: (937) 222-7477
Facsimile: (937) 222-7911
E-Mail: mwright@yourohiolegalhelp.com

/s/ Dwight D. Brannon

_____________________________________
Dwight D. Brannon (0021657)
BRANNON & ASSOCIATES
130 W. Second St. Suite 900
Dayton, OH 45402
Telephone: (937) 228-2306
Facsimile: (937) 228-8475
E-Mail: dbrannon@branlaw.com

JURY DEMAND

Plaintiffs demand a trial by jury on all issues presented herein.

/s/ Michael L. Wright

________________________________________
Michael L. Wright