STATE OF NORTH CAROLINA | HN-THEGENERAL COURT oF JUSTICE SUPERIOR cpURT DWSION COUNTY OF BUNCOMBE 2B v0 24 P ty 3POVRAEV 0122 DONNA L. SMITH, Plait, QQ ¥ COMPLAINT (Gury Trial Demanded) HCA HEALTHCARE, INC. and MH MISSION HOSPITAL, LLLP collectively (comp) dlbla CAREPARTNERS PACE: and SUZANNE J. LOWERY, Defendants NOW COMES Plaintf, by and through her undersigned counsel, who upon information and belief, complain ofthe Defendants as follows: PARTIES, VENUE Al JURISDICTION |, Plaine Donna L. Smith “Plaintiff is itizen and resident of Buncombe County North Carolina 2. Defendant HCA Healthcare, Inc. a Delaware corporation headquartered at One Pak Plaza, Nashville, TN 37203. Defendant HCA Healthcare, Ine. maintains an agent for service of process are of The Corporation Trust Company, Corporation Trust Center, 1209 Orange Stet, ‘Wilmington, DE 1980, 3. Defendant MH Mision Hospital, LLLP i @ Delaware corporation headquarered at One Park Plaza, Nashville, TN. 37203. Defendant MH Mission Hospital, LLLP maintains an agent for service of process car of CT Corporation System, 160 Mine Lake Ct, Suite 200, Raleigh, Ne 27616.4. In 2019, Defendant HCA Healtheare acquired the six hospital sytem known as Mision Health in Asheville and westem Nomth Carolina, alongwith is faites and services, undera newly formed entity, MH Mision Health, LLLP. 5. Defendants HCA Healthar, Ine. and MH Mission Hospital, LLP are collectively bn CarePartnors PACE (“Defendant CarePariners PACE", which, among ater things, provides ‘ransportton services. 6. Defendant Suzanne J. Lowery (‘Defendant Lowery”) i a etizen and residem of Buncombe County, North Carolina 7, _Atalltimesrelevanto this aeton, Defendant Lowery vas acting as an agent andor employee of Defendant CareParners PACE, and was ating within the course and seope of her agency andor employment. Therefore, Defendant Lowery’s actionable commissions and missions at issue inthis eton are imputed to Defendant CareParners PACE. Venue is appropriate in Buncombe County pursuant to N.C. Gen. Stat § 1-79 and gi, 9, Jurisdiction is proper in this Superior Court pursuant to N.C. Gen. Stat. § 1-243 Facts 10, The allegations contained in the above paragraphs are incorporated herein by reference. 1. On June 22, 2022, Defendant Lowery was a driver of a PACE partranst thet transported PACE clients, including Pains, o and fom medical appointments. 12, On the same date, Plaintiff was done with her medical appointment at Mission Hospital facility in Asheville, Buncombe County, North Carlin,13, On the same date, Defendant Lowery loaded Plaintiff, who uses power whoelhr, intothe bus 14. On the date, Defendant Lowery filed to properly secure Plaintiff and her power wwheclhaiin the bus 15. Plaintiff asked Defendant Lowery to properly secure Plant end her power whooihae in the bus 16, Defendant Lowery sefused to comply with Plain’ request 17. Defendant Lowery stated that she didnot hav ime to properly secure Plaintiff and her power wheelchair the bus. 18, Defendant Lowery then drove off with Pliniff and her power wheelchair not propery restrained inthe bus 19. Onthe same date, while Defendant Lowery was transporting Plaintiff o Plans residence, Defendant Lowery baked hardand suddenly to avoid eolision, using Paint while in the hor power wheelchaeto be thrown forward valent 20, Asa result of Defendant Lowery’s negligence and gross negligence in filing to properly secure Plaintiff and her power wheelchae,Plitff has suffered severe and pinfl injuries. FIRST CAUSE OF ACTION — NEGLIGENCE 21, Plain incorporates all preceding paragraphs 22, Defendant Lowery had duy to Pint and others to act reasonably and prudently under the circumstances and to safely operate the bus, inluding, but not limited to, complying witha laws and regulations under Nomh Carolina and federal aw pertaining to the safe and proper ‘operation ofthe vehicle,23. Defendant Lowery owed Plaintiff duty of ere that they negligently and grossly negligently beached inthe following particulars Failing to keep the bus under reasonable and proper co 'b, Failing to keep a proper lookout; ©. Driving the bus upon a highway carelessly and heedlessly in willl or wanton disregard of the rights oF safety of others, which displayed a thoughtless disregard ofthe consequences of sai driving in violation of N.C. Gen, Slat. § 202140(a); 4. Driving the bus without due caution and circumspection and in a manner as ‘endanger athers, in violation of NC. Gen, Stat. § 20-180(b} Failing to properly secure Plaintiff and her power wheelchair for transport; Failing to exercise proper judgment and reasonable care; {& Failing to drive ina reasonable and safe manner to avoid having to engage in hard stops: 1. And in ther particulars tobe developed during discovery 24, Additionally, Plants injures t sue in this ation are foreseeable consequences of ot propery securing Paint for transport 25, As a direct and proximate result of Defendant Lowe’s negligence and gross negligence, PlaintifPhas suffered and will suffer severe mental and physic pain and anguish 26. As-a direst and proximate result of Defendant Lowery’s negligence and gross negligence, Plant has endured unnecessary additional medica weatment and expenses and will endute additonal unnecessary fature medical weatment and expenses 27, As.a direc and proximate result of Defendant Lowery’s negligence and gross negligence, PlantfPhas suffered damages in excess of $28,000.00. ‘SECOND CAUSE OF ACTION — VICARIONIS LIABILTY 28, PlainiT incorporates and restates all preceding paragraphs.29. On the same date and time of Defendant Lowery injured Plain, Defendant Lowery was an employee andor agent acting on behalf of Defendants HCA Healthcare, Ine. and MH Mission Hospital, LLLP, colletvely doing business as CarePartners PACE. 30. _Atallrelevant times herein, Defendant Lowery ated inthe course and scope ofr employment andor wih respect to Defendants HCA Healthcare, nc. and MH Mission Hospital, LLLP, collesively doing business as CaePariners PACE. 31, Defendants HCA Healthcare, Inc. and MH ion Hospi, LLL, collectively doing business a8 CerePariners PACE, ae vitriously able or PainifP injuries and damages. 32. Asa direot and proximate result of Defendant” negligence and gross negligence, Plinit has suffered damages in excess of $25,000.00. PRAYER FOR RELIEF 1. As @ proximate result of the aforesaid negligence of Defendants, Plant has sustained damages and will continue to sustain damages he fate, incldng but not limited to the flowing a. Physical injuries; b. Pain and strings Permanent debility and aggravated debility 4. Medial expenses and other economic loss: Such other damages as may be shown a rial, is entitled to [As a direct and proximate result of these personal injures, Plant recover compensatory from Defendants, jointly and severally, in excess of Twenty-Five Thousand Dollars ($25,000.00) WHEREFORE, Plaitff prays for judgment as follows:4 5 Plaintif shall recover compensatory damages, joimly and severally, from each of the Defendants, in exces of $25,000.00; A trial by jury on each ofthe isues in this ations Prjudgment and post judgment intrest a allowed by law; All costs incrred in bringing this ation: and For such other and further relief asthe Court deems just and equitable. ‘This the 29% day of March, 2023. LAW OFFICES OF JAMES SCOTT FARRIN Attorney for Plant 5558, Mangum Street, Suite 800, Durham, North Carolina 27701 ‘Telephone: (919) 688-4991 Facsimile: (919) 688-4468, swsscod@ fatin.gom