IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE

IN AND FOR KENT COUNTY

CHARLES L. COTTMAN III )

INDIA R. SCOTT )

Plaintiff, )

) C.A. No.: CPU5-22-000292

FINN DYER )

ALEX DYER )

Defendant. )

MOTION TO AMEND COMPLAINT

COMES NOW the India R. Scott on behalf of Charles L. Cottman III (Minor), acting on her own
behalf, hereby moves this Honorable Court to enter an order to Amend the Complaint and offers
in support the following:

1. On Monday, January 10th, 2022 I received a phone call from Caesar Rodney School
District Postlethwait Middle School Principal Kristina Failing to inform me that my son,
Charles L. Cottman III was assaulted within gym class by another student. Principal
Kristina Failing did not specify how many times Charles was hit in the head, and she did
not express concern to send him to the hospital. He slept for fourteen hours, which is
very unusual the night of the assault. On January 11th, 2022 he complained of a
headache. When he arrived home after school, I noticed Charles had a busted lip, and a
bump on the right side of his head. I was not aware of how many times he was hit in the
head until the next week. On January 12th, 2022 he was evaluated by his pediatrician
and he was diagnosed with a concussion. He was referred to Nemours Concussion
Clinic, and he was seen on January 18th, 2022. The concussion doctor diagnosed
Charles with a mild traumatic brain injury. I have reviewed the film of the assault, and I
have requested Caesar Rodney School District to preserve the film via FOIA request.
2. On January 12th, 2022 he was evaluated by his pediatrician at Kids and Teens (Osama
Hussein) and he was diagnosed with a Concussion. He was referred to Nemours
Concussion Clinic, and he was seen on January 18th, 2022. The Nemours Concussion
clinic doctor diagnosed Charles with a mild traumatic brain injury. The Nemours
Concussion clinic doctor referred Charles to the Neuropsychology department which he
was seen on April 6th, and May 11th. He is currently under the care of five doctors at
Nemours hospital in addition to his pediatrician. He is under the care of the Concussion
Clinic, Psychology, Neuropsychology, Department of Occupational Therapy, and
Department of Physical Therapy.
 3. I am requesting that the judge grant my request to not grant a Motion to Dismiss by the
defendant nor his lawyer. The lawyer (Zachary A. George, Esq. (Bar ID #5613)) of the
defendant called me on Monday, May 9th, 2022 at 2:30 p.m. and offered a settlement of
$1,500 to settle the case, which I denied. There will be ongoing medical expenses to
support Charles in the future, and I cannot estimate at this time an amount of money that
will be under the care of six different physicians in care of a mild traumatic brain injury.

WHEREFORE, India R. Scott on behalf of Charles L. Cottman III respectfully requests that the
Court enter an Order to Amend the Complaint as follows:

I am requesting to add Charles L. Cottman III as a Plaintiff.

I am requesting to add Finn Dyer as a Defendant.

I am requesting to add Relief Sought to recover damages of monetary compensation for current
and ongoing medical expenses to support Charles L. Cottman III mild traumatic brain injury, and
pain and suffering.

______________________

______________________

Charles L. Cottman III

India R. Scott

206 Richard Bassett Road

Dover, DE 19904

(302) 480-4951

Dated: ________________