THORNTON et al v. CITY OF PITTSBURGH et al

Filing 1

NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number GD10-018368 with jury demand (Filing fee $350, receipt number 1764893), filed by ANDREW LAGOMARSINO, NORMAN AUVIL, JOSIE DIMON, ROBERT J. MCCAUGHAN, RONALD W. ROMANO, RON CURRY, MARK A. BOCIAN, KIM LONG, CITY OF PITTSBURGH. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Amended Complaint) (plh)

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

CIVIL DIVISION
THERESA E. THORNTON and JEREMIAH
C. MITCHELL, as Co-Administrators of the
Estate of Curtis L. Mitchell, deceased;
Plaintiffs,

No. GD 10-018368
AMENDED (CORRECTED)
COMPLAINT

v.

Code:
CITY OF PITTSBURGH; ROBERT J.
McCAUGHAN; MARK A. BOCIAN;
RONALD V. ROMANO; JOSIE DIMON;
ANDREW LAGOMARSINO; KIM LONG;
NORMAN AUVIL; RON CURRY;
ALLEGHENY COUNTY; and COUNTY OF.:
ALLEGHENY
DEPARTMENT
OF
EMERGENCY SERVICES,
Defendants.
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Filed on behalf of Plaintiffs
Alan H. Perer, Esquire
Pa. Id. # 23603
SPK - THE LA W FIRM OF
SWENSEN PERER & KONTOS
One Oxford Centre, Suite 250 I
Pittsburgh, P A ] 5219
Firm #262
[phone]
Attorney for Plaintiff, Theresa E. Thornton

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Robert N. Peirce, III, Esquire
ROBERT PEIRCE & ASSOCIATES, P.C.
2500 Gulf Tower
707 Grant Street
Pittsburgh, P A 15219-1918
Attorney for Plaintiff, Jeremiah C. Mitchell

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JURY TRIAL DEMANDED

Paul A. Ellis, Esquire
1621 Bedford Avenue
Pittsburgh, PA 15219
[phone]
Attorney for Plaintiff, Theresa Thornton

NOTICE TO DEFEND

YOU HAVE BEEN SUED TN COURT. IF YOU WISH TO DEFEND against the claims
set forth in the following pages, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS
after the Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set forth
against you. You are warned that IF YOU FAIL TO DO SO, the case may proceed without you and
a JUDGMENT MA Y BE ENTERED AGAINST YOU BY THE COURT without further notice for
any money claimed in the Complaint OR FOR PROPERTY OR OTHER RIGHTS IMPORTANT
TO YOU.

YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO
OT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

LAWYER REFERRAL SERVICE OF
THE ALLEGHENY COUNTY BAR ASSOCIATION
920 City-County Building
Pittsburgh, P A 15219
[phone]

IN THE COURT OF COMMa PLEAS OF ALLEGHENY COU TY, PENNSYLVANIA
CIVIL DIVISION

No. CD 10-018368

THERESA E. THORNTON and JEREMIAH
C. MITCHELL, as Co-Administrators of the
Estate of Curtis L. Mitchell, deceased;
Plaintiffs,
v.

CITY OF PITTSBURGH; ROBERT J.
McCAUGHAN; MARK A. BOCIAN;
RONALD V. ROMANO; JOSIE DIMON;
ANDREW LAGOMARSINO; KIM LONG;
NORMAN AUVIL; RON CURRY;
ALLEGHENY COUNTY, and COUNTY of
ALLEGHENY, DEPARTMENT OF
EMERGENCY SERVICES,
Defendants.

AMENDED (CORRECTED) COMPLAINT
AND NOW COME the Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell,
as Co-administrators of the Estate of Curtis L. Mitchell, deceased, by and through their
counsel, Alan H. Perer, Esquire, Swensen Perer & Kontos, Paul Ellis, Esquire, Robert N.
Peirce, III, and Robert Peirce & Associates, P.C., and file this Amended Complaint in
Civil Action, whereof the following is a statement:

PARTIES
1.

Plaintiff, Theresa E. Thornton, is an adult individual residing at 13 19

Martha Street, Pittsburgh, Pennsylvania 15120. Theresa E. Thornton is the daughter of
decedent Curtis L. Mitchell.

2.

Plaintiff, Jeremiah C. Mitchell, is an adult individual residing at 37 E.

Hawkins Village, Rankin, PA, 15104. Jeremiah C. Mitchell is the son of decedent Curtis
L. Mitchell.
3.

Plaintiffs decedent, Curtis L. Mitchell, was an adult individual residing at

5161 Chaplain Way, Pittsburgh, Pennsylvania 15207.
4.

Curtis L. Mitchell died as a result of the incident described herein on

February 7, 2010. Curtis Mitchell had a date of birth of June 25, J 959 and was 50 years
old.
5.

Letters of Administration for the Estate of Curtis L. Mitchell were granted

to Decedent's daughter, Plaintiff, Theresa E. Thornton, as Administratrix, on February
23, 20 J 0, by the Register of Wills of Allegheny County, at 02 J 00 1114, and amended to
add Jeremiah C. Mitchell as Co-Administrator.
6.

The persons entitled to share in the estate of Curtis L. Mitchell are

Plaintiff, Theresa E. Thornton and Plaintiff, Jeremiah C. Mitchell.
7.

Defendant City of Pittsburgh is a local municipal entity located within

Allegheny County, in the Commonwealth of Pennsylvania. City of Pittsburgh owns,
operates, manages, directs, and controls the City of Pittsburgh Department of Public
Safety Bureau of EMS ("EMS").
8.

The City of Pittsburgh Department of Public Safety Bureau of EMS is a

department of local municipal agency, Defendant City of Pittsburgh, located within
Allegheny County, in the Commonwealth of Pennsylvania. It has a business address of
700 Filbert Street, Pittsburgh, Pennsylvania 15232.

9.

The County of Allegheny, Department of Emergency Services is a local

entity, located within Allegheny County, in the Commonwealth of Pennsylvania. It
employs, owns, operates, manages, directs, and controls emergency 9-1-1
communications and emergency dispatchers, including the other named defendants.
10.

The County of Allegheny, Department of Emergency Services is located

within Allegheny County, in the Commonwealth of Pennsylvania. It has a business
address of 400 North Lexington Street, Suite 200, Pittsburgh, PA 15208.
II.

Defendant, Allegheny County, is a County of the Second Class, organized

and existing under the laws of the Commonwealth of Pennsylvania with an office at 445
Fort Pitt Blvd., Suite 300, Pittsburgh, PA 15219.
12.

Defendant Robert J. McCaughan was at all relevant times to the

Complaint the Chief of EMS. He is being sued in his individual and official capacities.
13.

Defendant Mark A. Bocian was at all relevant times to the Complaint the

Deputy Chief of EMS. He is being sued in his individual and official capacities.
14.

Defendant Ronald A. Romano was at all relevant times to the Complaint

the Ambulance Division Chief of EMS. He is being sued in his individual and official
capacities.
15.

Defendant Josie Dimon was at all relevant times to the Complaint the

acting crew chief on the second ambulance. She is being sued in her individual and
official capacities.
16.

Defendant Andrew Lagomarsino was at all relevant times to the

Complaint the acting crew chief of Medic 7. He is being sued in his individual and
official capacities.

17.

Defendant Kim Long was at all relevant times to the Complaint a crew

chief working at the dispatch center. She is being sued in her individual and official
capacities.
18.

Defendant Norman Auvil was at all relevant times to the Complaint a

district chief, which is a roving field supervisor, of EMS. He is being sued in his
individual and official capacities.
19.

Defendant Ron Curry was at all relevant times to the Complaint a district

chief, which is a roving field supervisor, of EMS. He is being sued in his individual and
official capacities.

FACTS
20.

At or around 2 a.m. on February 6, 2010, Mr. Mitchell was experiencing

severe abdominal pain at which time his girlfriend Sharon Edge called 911 for an
ambulance.
21.

City of Pittsburgh Emergency Medical Services ("EMS'") dispatched an

ambulance to Mr. Mitchell's residence, located at 5161 Chaplain Way, Pittsburgh,
Pennsylvania 15207, but it never reached his residence allegedly due to heavy snow.
22.

The ambulance was unable cross the Elizabeth Street Bridge, a mere one-

quarter mile from Mr. Mitchell's residence.
23.

Paramedics in the ambulance requested that Mr. Mitchell walk

approximately one-quarter mile to meet the ambulance.
24.

Ms. Edge informed 911 operators that Mr. Mitchell was unable to walk to

the bridge because of severe pain and she was unable to carry him.

25.

After Mr. Mitchell could not walk to the ambulance and the paramedics

did not walk to Mr. Mitchell's residence to render emergency medical assistance, the first
ambulance left the area.
26.

Mr. Mitchell and Ms. Edge continued to make calls to 911 to request an

ambulance.
27.

In the early morning of February 6, 20 10, the 911 dispatcher informed Mr.

Mitchell that a second ambulance would be dispatched to his residence.
28.

The second ambulance, Medic 8, headed by acting crew chief Defendant

Josie Dimon, was also unable to cross the Elizabeth Street Bridge and stopped merely
one-quarter mile from Mr. Mitchell's residence.
29.

Paramedics in the second ambulance also did not attempt to walk to Mr.

Mitchell's residence and Defendant Dimon asked that Mr. Mitchell walk to meet their
ambulance.
30.

Because of continuing severe stomach and abdominal pain, Mr. Mitchell

informed 91] operators that he could not walk the steps at his home to reach the second
ambulance.
31.

When Mr. Mitchell was unable to walk to the ambulance, Defendant

Dimon became irritated and stated on tape: "He ain't (expletive) comin' down, and I ain't
waiting all day for him. I mean, what the (expletive)? This ain't no cab service."
32.

Again, the ambulance left the area without rendering emergency medical

care to Mr. Mitchell or attempting to walk to his residence.
33.

Mr. Mitchell's condition continued to worsen, first suffering severe

abdominal and stomach pains, and later experiencing difficulty breathing.

34.

A third ambulance, Medic 7, headed by acting crew chief Defendant

Andrew Lagomarsino, was dispatched and was able to cross the bridge and arrived
approximately one block away from Mr. Mitchell's residence.
35.

Paramedics in the third ambulance also did not walk to Mr. Mitchell's

residence, only one block away, and requested that Mr. Mitchell walk to meet their
ambulance.
36.

Mr. Mitchell was unable to walk to meet the third ambulance because he

had taken prescription medication and Ms. Edge could not wake him.
37.

The third ambulance also left the area without assisting Mr. Mitchell in his

continuing medical emergency.
38.

At or around 8:00 a.m. on February 7,2010, Ms. Edge called 911 for the

last time and informed the 911 operator that Mr. Mitchell had died.
39.

Firefighters dispatched to the scene arrived at Mr. Mitchell's home within

two minutes.
40.

During the course of this medical emergency, Mr. Mitchell and Ms. Edge

made 10 calls to 911 to request an ambulance for Mr. Mitchell.
41.

During the course of this medical emergency, Defendant Kim Long was

working in the dispatch center and called Mr. Mitchell and Ms. Edge several times to get
details.
42.

Defendant Long did not inform the ambulance workers that Mr. Mitchell

was in too much pain to walk to them and once told Ms. Edge that Mr. Mitchell needed to
take a bus.

43.

During the course of this medical emergency, Defendant Norman Auvil

was working in the dispatch center and failed to review Mr. Mitchell's call to see if EMS
needed more resources to reach Mr. Mitchell.
44.

During the course of this medical emergency, Defendant Ron Curry was

working in the dispatch center and did not research Mr. Mitchell's calls to see how long
he had been waiting and did not determine if EMS needed more resources to reach Mr.
Mitchell.
45.

Since this incident, several EMS employees have faced disciplinary

actions - Defendant Dimon was first suspended and later terminated; Kim Long, Norman
Auvil and Ron Curry received three day unpaid suspensions.
46.

Operators at the 911 dispatch center did not follow usual and standard

policies or procedures for passing on details of Mr. Mitchell's and Ms. Edge's phone
calls to other operators, so that each call was treated as a new incident.
47.

As a direct and proximate cause of the Defendants' actions, Plaintiffs'

decedent suffered severe physical pain and suffering, resulting in his death.

COUNT I
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. CITY OF
PITTSBURGH,
Willful Misconduct
48.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.

knowledge of EMS policies and procedures for rendering emergency medicai care,
specifically where EMTs could not reach a patient's home and did not exit the ambulance
to walk to the home, yet City of Pittsburgh took no action or took inadequate action to
correct said policies and procedures to ensure proper care to patients, resulting in
inadequate care to EMS patients, including the death of Plaintiffs' decedent, Curtis L.
Mitchell.
50.

Decedent's death was due to the intentional, malicious, willful, wanton,

reckless and/or other Jiability producing conduct of Defendant City of Pittsburgh, in:
b.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care at an
individual's home;

c.

Failing to establish policies and procedures to inform later
ambulatory crews of the continuing medical emergency ongoing
with Mr. Mitchell;

d.

Failing to train and require EMTs to leave the ambulance and walk
one block to reach Mr. Mitchell to provide medical assistance to
his ongoing medical emergency;

e.

Failing to train and require EMTs to not abandon an individual
clearly in need of emergency medical assistance;

f.

Failing to train and require EMTs to summon assistance of four
wheel drive vehicles to reach persons in distress;

g.

Acting with such willful and wanton misconduct to constitute a
violation of the standards of the Emergency Medical Services Act,
35 Pa. C.S.A. § 6921 et seq. (repealed 2009, current version at 35
Pa. C.S.A. §8101 et seq. (2010); and

h.

Knowing or being substantially certain that EMS policies and
procedures would lead to severe pain and suffering, including
death.

51.

As a result of Defendant City of Pittsburgh's intentional, malicious,

willful, wanton, reckless and/or other liability producing conduct, Plaintiffs claim
damages under the Wrongful Death Statute of the Commonwealth of Pennsylvania, 42
Pa. C.S.A. § 8301, for and on behalf of the decedent's next of kin for:
a.

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

52.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

As a result of Defendant City of Pittsburgh's intentional, malicious,

willful, wanton, reckless and/or other liability producing conduct, Plaintiffs have
sustained the following damages, under the Survival Act, 42 Pa. C.S.A. § 8302, including
but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

53.

Defendant's conduct as set forth above was so outrageous, reckless and in

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendant City of Pittsburgh.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant, City of Pittsburgh, in an amount in excess of $25,000, plus
costs. JURY TRIAL DEMANDED.

COUNT II
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. CITY OF
PITTSBURGH,
Gross Negligence
54.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
55.

Upon information and belief, Defendant City of Pittsburgh, had notice and

knowledge of EMS policies and procedures for rendering emergency medical care,
specifically where EMTs could not reach a patient's home and did not exit the ambulance
to walk to the home, yet Defendant City of Pittsburgh took no action or took inadequate
action to correct said policies and procedures to ensure proper care to patients, resulting
in inadequate care to EMS patients, including the death of Plaintiffs' decedent, Curtis L.
Mitchell.

56.

Decedent's death was due to the grossly negligent, intentional, malicious,

willful, wanton, reckless and/or other liability producing conduct of Defendant City of
Pittsburgh in:
a.

b.

Failing to establish policies and procedures to inform later
ambulatory crews of the continuing medical emergency ongoing
with Mr. Mitchell;

c.

Failing to train and require EMTs to leave the ambulance and walk
one block to reach Mr. Mitchell to provide medical assistance to
his ongoing medical emergency;

d.

Failing to train and require EMTs to summon assistance of four
wheel drive vehicles to reach persons in distress;

e.

Acting with such gross negligence to constitute a violation of the
standards of the Emergency Medical Services Act, 35 Pa. C.S.A. §
6921 et seq. (repealed 2009, current version at 35 Pa. C.S.A. §81 0 I
etseq. (2010); and

f.

57.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care at an
individual's home;

Failing to train and require EMTs to not abandon an individual
clearly in need of emergency medical assistance.

As a result of Defendant City of Pittsburgh's grossly negligent,

intentional, malicious, willful, wanton, reckless and/or other liability producing conduct,
Plaintiffs claim damages under the Wrongful Death Statute of the Commonwealth of
Pennsy Ivania, 42 Pa. C. S.A. § 830 I, for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

f.

58.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and
Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

As a result of Defendant City of Pittsburgh's grossly negligent,

intentional, malicious, willful, wanton, reckless and/or other liability producing conduct,
Plaintiffs have sustained the following damages, under the Survival Act, 42 Pa. C.S.A. §
8302, including but not limited to:
a.

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.
59.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

Any and all expenses incurred by the decedent's estate.

Defendant's conduct as set forth above was so outrageous, reckless and in

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendant City of Pittsburgh.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell,
requests judgment against Defendant, City of Pittsburgh, in an amount in excess of
$25,000, plus costs. JURY TRIAL DEMANDED.

COUNT III
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. CITY OF
PITTSBURGH,
VICARIOUS LIABILITY

60.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
61.

At all times relevant hereto, Defendants Lagomarsino, Dimon,

McCaughan, Bocian, and Romano were all agents, servants and/or employees of
Defendant, City of Pittsburgh, acting within the scope of said agency, servitude and/or
employment.
62.

The conduct of these employees was grossly negligent and constituted

willful misconduct, as set forth herein.
63.

Therefore, Defendant, City of Pittsburgh, is vicariously liable for the

actions of Defendants Lagomarsino, Dimon, McCaughan, Bocian, and Romano.
64.

As a result of Defendant City of Pittsburgh's intentional, malicious,

willful, wanton, reckless and/or other liability producing conduct, Plaintiffs claim
damages under the Wrongful Death Statute of the Commonwealth of Pennsylvania, 42
Pa. C.S.A. § 830 I, for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

65.

As a result of Defendant City of Pittsburgh's intentional, malicious,

willful, wanton, reckless and/or other liability producing conduct, Plaintiffs have
sustained the following damages, under the Survival Act, 42 Pa. C.S.A. § 8302, including
but not limited to:
a.

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.
66.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

Any and all expenses incurred by the decedent's estate.

Defendant's conduct as set forth above was so outrageous, reckless and in

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendant City of Pittsburgh.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant, City of Pittsburgh, in an amount in excess of $25,000, plus
costs. JURY TRIAL DEMANDED.

COUNT IV
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. CITY OF
PITTSBURGH,
42 U.S.C. § 1983
67.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.

68.

Defendant's conduct occurred under color of state law and deprived

Plaintiffs' Decedent of rights, privileges and/or immunities guaranteed under federal law
and/or the U.S. Constitution.
69.

The danger created by Defendant is a "state created danger" as the harm

was foreseeable and direct in that Defendant knew that failing to establish adequate,
appropriate and necessary policies and procedures for rendering emergency medical care
and failing to train and require EMTs to not abandon an individual clearly in need of
emergency medical assistance would result in harm or death.
70.

The danger was state created in that the Defendant acted with a degree of

culpability that shocks the conscious by failing to render emergency assistance to a
person in need, abandoning such an individual and refusing to take all necessary
measures to render aide.
71.

There was a relationship between the defendant and the decedent wherein

Curtis Mitchell was a foreseeable victim of Defendant's conduct.
72.

Defendant affirmatively created a danger to Curtis Mitchell, or made

Curtis Mitchell more vulnerable, in that Curtis Mitchell relied upon information and
belief that emergency aide was forthcoming and therefore did not seek alternative forms
of assistance.
73.

Decedent's death was due to the conduct of Defendant, City of Pittsburgh,

In:

a.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care at an
individual's home;

b.

c.

Failing to train and require EMTs to leave the ambulance and walk
one block to reach Mr. Mitchell to provide medical assistance to
his ongoing medical emergency;

d.

Failing to train and require EMTs to not abandon an individual
clearly in need of emergency medical assistance;

e.

Failing to train and require EMTs to summon assistance of four
wheel drive vehicles to reach persons in distress;

f.

Knowing or being substantially certain that EMS policies and
procedures would lead to severe pain and suffering, including
death;

g.

Failing to enact a policy, where such failure resulted in the alleged
conduct; and

h.

74.

Failing to establish policies and procedures to inform later
ambulatory crews of the continuing medical emergency ongoing
with Mr. Mitchell;

Being aware of breakdown in communication or rescue efforts and
failing to take corrective action.

As a result of Defendant City of Pittsburgh's conduct, Plaintiffs claim

damages under 42 U.S.C § 1983 for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

g.

Decedent's loss of income and earning capacity;

h.

Other financial losses suffered as a result of decedent's death; and

1.

Any and all expenses incurred by the decedent's estate.

75.Defendant's conduct as set forth above was so reckless and callously
indifferent to the federally protected rights of Curtis Mitchell that Plaintiffs assert a claim
for punitive damages against Defendant City of Pittsburgh.
76.

Pursuant to the Civil Rights Attorney's Fee Awards Act of 1976 (42

U.S.C.A. § I 988[b]), Plaintiffs assert a claim for attorneys' fees against Defendant, City
of Pittsburgh.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant City of Pittsburgh, in an amount in excess of $25,000, plus
costs. JURY TRIAL DEMANDED.

COUNT V

THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. ROBERT J.
McCAUGHAN, MARK A. BOCIAN and RONALD V. ROMANO,
Willful Misconduct
77.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
78.

Upon information and belief, Defendant Robert J. McCaughan, Chief of

EMS, Mark A. Bocian, Deputy Chief of EMS, and Ronald V. Romano, Ambulance
Division Chief of EMS, had notice and knowledge of EMS policies and procedures for
rendering emergency medical care, specifically where EMTs could not reach a patient's

home and did not exit the ambulance to walk to the home, yet Defendants, McCaughan,
Bocian, and Romano took no action or took inadequate action to correct said policies and
procedures to ensure proper care to patients, resulting in inadequate care to EMS patients,
including the death of Plaintiffs' decedent, Curtis L. Mitchell.
79.

Decedent's death was due to the intentional, malicious, willful, wanton,

reckless and/or other liability producing conduct of Defendants, McCaughan, Bocian and
Romano, in:
a.

b.

Failing to establish policies and procedures to inform later
ambulatory crews of the continuing medical emergency ongoing
with Mr. Mitchell;

c.

Failing to train and require EMTs to leave the ambulance and walk
one block to reach Mr. Mitchell to provide medical assistance to
his ongoing medical emergency; and

d.

Failing to train and require EMTs to not abandon an individual
clearly in need of emergency medical assistance;

e.

Failing to train and require EMTs to summon assistance of four
wheel drive vehicles to reach persons in distress;

f.

Acting with such willful and wanton misconduct to constitute a
violation of the standards of the Emergency Medical Services Act,
35 Pa. C.S.A. § 6921 et seq. (repealed 2009, current version at 35
Pa. C.S.A. §81 0 1 et seq. (20 I 0); and

g.

80.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care at an
individual's home;

Knowing or being substantially certain that EMS policies and
procedures would lead to severe pain and suffering, including
death.

As a result of Defendants, McCaughan, Bocian and Romano's intentional,

malicious, willful, wanton, reckless and/or other liability producing conduct, Plaintiffs

claim damages under the Wrongful Death Statute of the Commonwealth of Pennsylvania,
42 Pa. C.S.A. § 8301, for and on behalf of the decedent's next of kin for:
a.

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

81.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

As a result of Defendants, McCaughan, Bocian and Romano's intentional,

malicious, willful, wanton, reckless and/or other liability producing conduct Plaintiffs
have sustained the following damages, under the Survival Act, 42 Pa. C.S.A. § 8302,
including but not limited to:
a.

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.
82.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

Any and all expenses incurred by the decedent's estate.

Defendants' conduct as set forth above was so outrageous, reckless and in

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendants McCaughan, Bocian and
Romano.

WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell,
request judgment against Defendants, McCaughan, Bocian and Romano, in an amount in
excess of $25,000, plus costs. JURY TRIAL DEMANDED.

COUNT VI
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. ROBERT J.
McCAUGHAN, MARK A. BOCIAN and RONALD V. ROMANO,
Gross Negligence
83.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
84.

Upon information and belief, Defendants Robert J. McCaughan, Chief of

EMS, Mark A. Bocian, Deputy Chief of EMS, and Ronald V. Romano, Ambulance
Division Chief of EMS, had notice and knowledge of EMS policies and procedures for
rendering emergency medical care, specifically where EMTs could not reach a patient's
home and did not exit the ambulance to walk to the home, yet Defendants McCaughan,
Bocian and Romano took no action or took inadequate action to correct said policies and
procedures to ensure proper care to patients, resulting in inadequate care to EMS patients,
including the death of Plaintiffs' decedent, Curtis L. Mitchell.
85.

Decedent's death was due to the grossly negligent, intentional, malicious,

willful, wanton, reckless and/or other liability producing conduct of Defendants
McCaughan, Bocian and Romano in:
a.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care at an
individual's home;

b.

c.

Failing to train and require EMTs to leave the ambulance and walk
one block to reach Mr. Mitchell to provide medical assistance to
his ongoing medical emergency;

d.

Failing to train and require EMTs to summon assistance of four
wheel drive vehicles to reach persons in distress;

e.

Acting with such gross negligence to constitute a violation of the
standards of the Emergency Medical Services Act, 35 Pa. C.S.A. §
6921 et seq. (repealed 2009, current version at 35 Pa. C.S.A. §81 0 I
et seq. (2010); and

f.

86.

Failing to establish policies and procedures to inform later
ambulatory crews of the continuing medical emergency ongoing
with Mr. Mitchell;

Failing to train and require EMTs to not abandon an individual
clearly in need of emergency medical assistance.

As a result of Defendants McCaughan, Bocian and Romano's grossly

negligent, intentional, malicious, willful, wanton, reckless and/or other liability producing
conduct, Plaintiffs claim damages under the Wrongful Death Statute of the
Commonwealth of Pennsylvania, 42 Pa. C.S.A. § 8301, for and on behalf of the
decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

87.

As a result of Defendants McCaughan, Bocian and Romano's grossly

negligent, intentional, malicious, willful, wanton, reckless and/or other liability producing
conduct Plaintiffs have sustained the following damages, under the Survival Act, 42 Pa.
C.S.A. § 8302, including but not limited to:
a.

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.
88.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

Any and all expenses incurred by the decedent's estate.

Defendants' conduct as set forth above was so outrageous, reckless and in

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendants McCaughan, Bocian and
Romano.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendants McCaughan, Bocian and Romano in an amount in excess of
$25,000, plus costs. JURY TRIAL DEMANDED.

COUNT VII
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. ROBERT J.
McCAUGHAN, MARK A. BOCIAN and RONALD V. ROMANO,

42 U.S.c. § 1983
89.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.

Plaintiffs' Decedent of rights, privileges and/or immunities guaranteed under federal law
and/or the U.S. Constitution.
91.

The danger created by Defendants is a "state created danger" as the harm

was foreseeable and direct in that Defendants knew that failing to establish adequate,
appropriate and necessary policies and procedures for rendering emergency medical care
and failing to train and require EMTs to not abandon an individual clearly in need of
emergency medical assistance would result in harm or death.
92.

The danger was state created in that the Defendants acted with a degree of

culpability that shocks the conscious by failing to render emergency assistance to a
person in need, abandoning such an individual and refusing to take all necessary
measures to render aide.
93.

There was a relationship between the defendants and the decedent wherein

Curtis Mitchell was a foreseeable victim of Defendants' conduct.
94.

Defendants affirmatively created a danger to Curtis Mitchell, or made

Curtis Mitchell more vulnerable, in that Curtis Mitchell relied upon information and
belief that emergency aide was forthcoming and therefore did not seek alternative forms
of assistance.
95.

Decedent's death was due to the conduct of Defendants, in:
a.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care at an
individual's home;

b.

Failing to establish policies and procedures to inform later
ambulatory crews of the continuing medical emergency ongoing
with Mr. Mitchell;

c.

d.

Failing to train and require EMTs to not abandon an individual
clearly in need of emergency medical assistance;

e.

Failing to train and require EMTs to summon assistance of four
wheel drive vehicles to reach persons in distress;

f.

Knowing or being substantially certain that EMS policies and
procedures would lead to severe pain and suffering, including
death;

g.

Failing to enact a policy that resulted in the alleged conduct; and

h.

96.

Failing to train and require EMTs to leave the ambulance and walk
one block to reach Mr. Mitchell to provide medical assistance to
his ongoing medical emergency;

Being aware of breakdown in communication or rescue efforts and
failing to take corrective action.

As a result of Defendants' conduct, Plaintiffs claim damages under 42

U.S.C § 1983 for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

g.

Decedent's loss of income and earning capacity;

h.

Other financial losses suffered as a result of decedent's death; and

1.

Any and all expenses incurred by the decedent's estate.

97.

Defendants' conduct as set forth above was so reckless and callously

indifferent to the federally protected rights of Curtis Mitchell that Plaintiffs assert a claim
for punitive damages against Defendants.
98.

Pursuant to the Civil Rights Attorney's Fee Awards Act of 1976 (42

U.S.C.A. § I 988[b]), Plaintiffs assert a claim for attorneys' fees against Defendants.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendants McCaughan, Bocian and Romano, in an amount in excess
of$25,000, plus costs. JURY TRIAL DEMANDED.

COUNT VIII
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. JOSIE DIMON and
ANDREW LAGOMARSINO,
Willful Misconduct
99.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
100. Upon information and belief, Defendants Dimon and Lagomarsino had
notice that Mr. Mitchell required immediate medical attention.
101.

Defendants Dimon and Lagomarsino did not take appropriate and

necessary actions to reach Mr. Mitchell before his death.
102. Decedent's death was due to the intentional, malicious, willful, wanton,
reckless and/or other liability producing conduct of Defendants Dimon and Lagomarsino
In:

a.

Failing to make adequate and necessary attempts to reach Mr.
Mitchell's home;

ambulatory crews of the continuing medical emergency ongoing
with Mr. Mitchell;
c.

Failing to leave the ambulance and walk one block to reach Mr.
Mitchell to provide medical assistance to his ongoing medical
emergency;

d.

Failing to render medical assistance to Mr. Mitchell before leaving
the area;

e.

Using profanity and callous language when informed Mr. Mitchell
could not walk to the ambulance;

f.

Failing to summon assistance of a four wheel drive vehicle to
reach Mr. Mitchell;

g.

Acting with such willful and wanton misconduct to constitute a
violation of the standards of the Emergency Medical Services Act,
35 Pa. C.S.A. § 6921 et seq. (repealed 2009, current version at 35
Pa. C.S.A. §8101 etseq. (2010); and

h.

Knowing or being substantially certain that Mr. Mitchell was likely
to die without medical treatment.

103. As a result of Defendants Dimon and Lagomarsino's intentional,
malicious, willful, wanton, reckless and/or other liability producing conduct, Plaintiffs
claim damages under the Wrongful Death Statute of the Commonwealth of Pennsylvania,
42 Pa. C.S.A. § 8301, for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

104.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

As a result of Defendants Dimon and Lagomarsino's intentional,

malicious, willful, wanton, reckless and/or other liability producing conduct, Plaintiffs
have sustained the following damages, under the Survival Act, 42 Pa. C.S.A. § 8302,
including but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

105. Defendants' conduct as set forth above was so outrageous, reckless and in
such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendants Dimon and Lagomarsino.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendants Dimon and Lagomarsino in an amount in excess of
$25,000, plus costs. JURY TRIAL DEMANDED.
COUNT IX
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. JOSIE DIMON and
ANDREW LAGOMARSINO,
Gross Negligence

106.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
107.

Upon information and belief, Defendants Dimon and Lagomarsino had

notice that Mr. Mitchell required immediate medical attention.
108.

Defendants Dimon and Lagomarsino did not take appropriate and

necessary actions to reach Mr. Mitchell before his death.
109.

Decedent's death was due to the grossly negligent, intentional, malicious,

willful, wanton, reckless and/or other liability producing conduct of Defendants Dimon
and Lagomarsino in:
a.

Failing to make adequate and necessary attempts to reach Mr.
Mitchell's home;

b.

Failing to establish policies and procedures to inform later
ambulatory crews of the continuing medical emergency ongoing
with Mr. Mitchell;

c.

Failing to leave the ambulance and walk one block to reach Mr.
Mitchell to provide medical assistance to his ongoing medical
emergency;

d.

Failing to render medical assistance to Mr. Mitchell before leaving
the area;

e.

Using profanity and callous language when informed Mr. Mitchell
could not walk to the ambulance;

f.

Failing to summon assistance of a four wheel drive vehicle to
reach Mr. Mitchell;

g.

Acting with such gross negligence to constitute a violation of the
standards of the Emergency Medical Services Act, 35 Pa. C.S.A. §
6921 et seq. (repealed 2009, current version at 35 Pa. C.S.A. §81 01
et seq. (2010); and

h.

Knowing or being substantially certain that Mr. Mitchell was likely
to die without medical treatment.

110.

As a result of Defendants Dimon and Lagomarsino's grossly negligent,

intentional, malicious, willful, wanton, reckless and/or other liability producing conduct,
Plaintiffs claim damages under the Wrongful Death Statute of the Commonwealth of
Pennsylvania, 42 Pa. C.S.A. § 830 I, for and on behalf ofthe decedent's next of kin for:
a.

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

1 I I.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

As a result of Defendants Dimon and Lagomarsino's grossly negligent,

intentional, malicious, willful, wanton, reckless and/or other liability producing conduct,
Plaintiffs have sustained the following damages, under the Survival Act, 42 Pa. C.S.A. §
8302, including but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

112.

Defendants' conduct as set forth above was so outrageous, reckless and in

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendants Dimon and Lagomarsino.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendants Dimon and Lagomarsino in an amount in excess of
$25,000, plus costs. JURY TRIAL DEMANDED.
COUNT X

THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. JOSIE DIMON and
ANDREW LAGOMARSINO,
42 U.S.c. § 1983
113. Plaintiffs hereby incorporate by reference all preceding paragraphs as
though set forth more fully at length herein.
114. Defendants' conduct occurred under color of state law and deprived
Plaintiffs' Decedent of rights, privileges and/or immunities guaranteed under federal law
and/or the U.S. Constitution.
115. The danger created by Defendants is a "state created danger" as the harm
was foreseeable and direct in that Defendants knew that failing to establish adequate,
appropriate and necessary policies and procedures for rendering emergency medical care
and failing to train and require EMTs to not abandon an individual clearly in need of
emergency medical assistance would result in harm or death.
116. The danger was state created in that the Defendants acted with a degree of
culpability that shocks the conscious by failing to render emergency assistance to a

person 10 need, abandoning such an individual and refusing to take all necessary
measures to render aide.
117. There was a relationship between the defendants and the decedent wherein
Curtis Mitchell was a foreseeable victim of Defendants' conduct.
118.

Defendants affirmatively created a danger to Curtis Mitchell, or made

Curtis Mitchell more vulnerable, in that Curtis Mitchell relied upon information and
belief that emergency aide was forthcoming and therefore did not seek alternative forms
of assistance.
119.

Decedent's death was due to the conduct of Defendants, in:
a.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care at an
individual's home;

b.

Failing to establish policies and procedures to inform later
ambulatory crews of the continuing medical emergency ongoing
with Mr. Mitchell;

c.

Failing to train and require EMTs to leave the ambulance and walk
one block to reach Mr. Mitchell to provide medical assistance to
his ongoing medical emergency;

d.

Failing to train and require EMTs to not abandon an individual
clearly in need of emergency medical assistance;

e.

Failing to train and require EMTs to summon assistance of four
wheel drive vehicles to reach persons in distress;

f.

Knowing or being substantially certain that EMS policies and
procedures would lead to severe pain and suffering, including
death;

g.

Failing to enact a policy that resulted in the alleged conduct; and

h.

Being aware of breakdown in communication or rescue efforts and
failing to take corrective action.

I.

In failing to render assistance to Curtis Mitchell.

120. As a result of Defendants' conduct, Plaintiffs claim damages under 42
U.S.C § 1983 for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

g.

Decedent's loss of income and earning capacity;

h.

Other financial losses suffered as a result of decedent's death; and

I.

Any and all expenses incurred by the decedent's estate.

121. Defendants' conduct as set forth above was so reckless and callously
indifferent to the federally protected rights of Curtis Mitchell that Plaintiffs assert a claim
for punitive damages against Defendants.
122. Pursuant to the Civil Rights Attorney's Fee Awards Act of 1976 (42
U.S.C.A. § 1988[b)), Plaintiffs assert a claim for attorneys' fees against Defendants.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendants, Dimon and Lagomarsino, in an amount in excess of
$25,000, plus costs. JURY TRIAL DEMANDED.

COUNT XI
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. KIM LONG,
Willful Misconduct
123. Plaintiffs hereby incorporate by reference all preceding paragraphs as
though set forth more fully at length herein.
124. Upon information and belief, Defendant Long had notice that Mr. Mitchell
required immediate medical attention.
125. Defendant Long did not take appropriate and necessary actions to have an
ambulance reach Mr. Mitchell before his death.
126.

Decedent's death was due to the intentional, malicious, willful, wanton,

reckless and/or other liability producing conduct of Defendant Long in:
a.

Failing to make adequate and necessary attempts to have an
ambulance reach Mr. Mitchell's home;

b.

Failing to inform later shifts of the continuing medical emergency
ongoing with Mr. Mitchell;

c.

Failing to instruct ambulance workers to leave their vehicle to
reach Mr. Mitchell in his residence;

d.

Failing to instruct ambulance workers to leave their vehicle to
render emergency medical assistance to Mr. Mitchell;

e.

Failing to summon assistance of a four wheel drive vehicle to
reach Mr. Mitchell;

f.

Acting with such willful and wanton misconduct to constitute a
violation of the standards of the Emergency Medical Services Act,
35 Pa. C.S.A. § 6921 et seq. (repealed 2009, current version at 35
Pa. C.S.A. §8101 et seq. (2010); and

g.

127.

Knowing or being substantially certain that Mr. Mitchell was likely
to die without medical treatment.

As a result of Defendant Long's intentional, malicious, willful, wanton,

reckless and/or other liability producing conduct, Plaintiffs claim damages under the
Wrongful Death Statute of the Commonwealth of Pennsylvania, 42 Pa. C.S.A. § 830 I,
for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

128. As a result of Defendant Long's intentional, malicious, willful, wanton,
reckless and/or other liability producing conduct, Plaintiffs have sustained the following
damages, under the Survival Act, 42 Pa. C.S.A. § 8302, including but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendant Long.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant Long in an amount in excess of $25,000, plus costs. JURY

TRIAL DEMANDED.
COUNT XII
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. KIM LONG,
Gross Negligence
130.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
131.

Upon information and belief, Defendant Long had notice that Mr. Mitchell

required immediate medical attention.
132. Defendant Long did not take appropriate and necessary actions to have an
ambulance reach Mr. Mitchell before his death.
133. Decedent's death was due to the grossly negligent, intentional, malicious,
willful, wanton, reckless and/or other liability producing conduct of Defendant Long in:
a.

Failing to make adequate and necessary attempts to have an
ambulance reach Mr. Mitchell's home;

b.

Failing to inform later shifts of the continuing medical emergency
ongoing with Mr. Mitchell;

c.

Failing to instruct ambulance workers to leave their vehicle to
reach Mr. Mitchell in his residence;

a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

136. Defendant's conduct as set forth above was so outrageous, reckless and in
such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendant Long.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant Long in an amount in excess of $25,000, plus costs. JURY
TRIAL DEMANDED.
COUNT XIII
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. KIM LONG,
42 U.S.c. § 1983
137.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
138. Defendant's conduct occurred under color of state law and deprived
Plaintiffs' Decedent of rights, privileges and/or immunities guaranteed under federal law
and/or the U.S. Constitution.
139. The danger created by Defendant is a "state created danger" as the harm
was foreseeable and direct in that Defendant knew that failing to follow appropriate and
necessary policies and procedures for rendering emergency medical care and failing to
communicate to EMTs the continuing medical emergency and calls to 9-1-1 and that

failing to instruct EMTs not to abandon an individual clearly in need of emergency
medical assistance would result in harm or death.
140. The danger was state created in that the Defendant acted with a degree of
culpability that shocks the conscious by failing to render emergency assistance to a
person in need, abandoning such an individual and refusing to take all necessary
measures to render aide.
141. There was a relationship between the defendant and the decedent wherein
Curtis Mitchell was a foreseeable victim of Defendant's conduct.
142.

Defendant affirmatively created a danger to Curtis Mitchell, or made

Curtis Mitchell more vulnerable, in that Curtis Mitchell relied upon information and
belief that emergency aide was forthcoming and therefore did not seek alternative forms
of assistance.
143.

Decedent's death was due to the conduct of Defendant, in:
a.

Failing to make adequate and necessary attempts to have an
ambulance reach Mr. Mitchell's home;

b.

Failing to inform later shifts of the continuing medical emergency
ongoing with Mr. Mitchell;

c.

Failing to instruct ambulance workers to leave their vehicle to
reach Mr. Mitchell in his residence;

d.

Failing to instruct ambulance workers to leave their vehicle to
render emergency medical assistance to Mr. Mitchell;

e.

Failing to summon assistance of a four wheel drive vehicle to
reach Mr. Mitchell; and

f.

Knowing or being substantially certain that Mr. Mitchell was likely
to die without medical treatment.

g.

Being aware of breakdown in communication or rescue efforts and
failing to take corrective action.

144. As a result of Defendant's conduct, Plaintiffs claim damages under 42
U.S.C § 1983 for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

g.

Decedent's loss of income and earning capacity;

h.

Other financial losses suffered as a result of decedent's death; and

1.

Any and all expenses incurred by the decedent's estate.

145. Defendant's conduct as set forth above was so reckless and callously
indifferent to the federally protected rights of Curtis Mitchell that Plaintiffs assert a claim
for punitive damages against Defendant Long.
146. Pursuant to the Civil Rights Attorney's Fee Awards Act of 1976 (~2
U.S.C.A. § 1988[b]), Plaintiffs assert a claim for attorneys' fees against Defendant Long.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant Long in an amount in excess of $25,000, plus costs. JURY

TRIAL DEMANDED.

COUNT XIV
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. NORMAN AUVIL
and RON CURRY
Willful Misconduct
147.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
148.

Upon information and belief, Defendants Auvil and CUITY had notice that

Mr. Mitchell required immediate medical attention.
149.

Defendants Auvil and CUITY did not take appropriate and necessary

actions to have an ambulance reach Mr. Mitchell before his death.
150. Decedent's death was due to the intentional, malicious, willful, wanton,
reckless and/or other liability producing conduct of Defendants Auvil and CUITY in:
a.

Failing to make adequate and necessary attempts to have an
ambulance reach Mr. Mitchell's home;

b.

Failing to inform later shifts of the continuing medical emergency
ongoing with Mr. Mitchell;

c.

Failing to instruct ambulance workers to leave their vehicle to
reach Mr. Mitchell in his residence;

d.

Failing to instruct ambulance workers to leave their vehicle to
render emergency medical assistance to Mr. Mitchell;

e.

Failing to summon assistance of a four wheel drive vehicle to
reach Mr. Mitchell;

f.

Acting with such willful and wanton misconduct to constitute a
violation of the standards of the Emergency Medical Services Act,

35 Pa. C.S.A. § 6921 et seq. (repealed 2009, current version at 35
Pa. C.S.A. §8101 et seq. (2010); and
g.

151.

Knowing or being substantially certain that Mr. Mitchell was likely
to die without medical treatment.

As a result of Defendants Auvil and Curry's intentional, malicious,

willful, wanton, reckless and/or other liability producing conduct, Plaintiffs claim
damages under the Wrongful Death Statute of the Commonwealth of Pennsylvania, 42
Pa. C.S.A. § 8301, for and on behalf of the decedent's next of kin for:
a.

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

152.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

As a result of Defendants Auvil and Curry's intentional, malicious,

willful, wanton, reckless and/or other liability producing conduct, Plaintiffs have
sustained the following damages, under the Survival Act, 42 Pa. C.S.A. § 8302, including
but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.
153.

Any and all expenses incurred by the decedent's estate.

Defendants' conduct as set forth above was so outrageous, reckless and in

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendant Auvil and Curry.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell,
requests judgment against Defendants Auvil and Curry in an amount in excess of
$25,000, plus costs. JURY TRJAL DEMANDED.

COUNT XV
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. NORMAN AUVIL
and RON CURRY,
Gross Negligence
154.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
155.

Upon information and belief, Defendants Auvil and Curry had notice that

Mr. Mitchell required immediate medical attention.
156. Defendants Auvil and Curry did not take appropriate and necessary
actions to have an ambulance reach Mr. Mitchell before his death.
157. Decedent's death was due to the grossly negligent, intentional, malicious,
willful, wanton, reckless and/or other liability producing conduct of Defendants Auvil
and Curry in:
a.

Failing to make adequate and necessary attempts to have an
ambulance reach Mr. Mitchell's home;

b.

Failing to inform later shifts of the continuing medical emergency
ongoing with Mr. Mitchell;

c.

Failing to instruct ambulance workers to leave their vehicle to
reach Mr. Mitchell in his residence;

d.

Failing to instruct ambulance workers to leave their vehicle to
render emergency medical assistance to Mr. Mitchell;

e.

Failing to summon assistance of a four wheel drive vehicle to
reach Mr. Mitchell;

f.

Acting with such gross negligence to constitute a violation of the
standards of the Emergency Medical Services Act, 35 Pa. C.S.A. §
6921 et seq. (repealed 2009, current version at 35 Pa. C.S.A. §81 0 I
et seq. (20 10); and

g.

Knowing or being substantially certain that Mr. Mitchell was likely
to die without medical treatment.

158. As a result of Defendants Auvil and Curry's grossly negligent, intentional,
malicious, willful, wanton, reckless and/or other liability producing conduct, Plaintiffs
claim damages under the Wrongful Death Statute of the Commonwealth of Pennsylvania,
42 Pa. C.S.A. § 830 I, for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

159. As a result of Defendants Auvil and Curry's grossly negligent, intentional,
malicious, willful, wanton, reckless and/or other liability producing conduct, Plaintiffs
have sustained the following damages, under the Survival Act, 42 Pa. C.S.A. § 8302,
including but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

160. Defendants' conduct as set forth above was so outrageous, reckless and in
such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendant Auvil and Curry.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendants Auvil and Curry in an amount in excess of $25,000, plus
costs. JURY TRIAL DEMANDED.

COUNT XVI
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. NORMAN AUVIL
and RON CURRY,
42 U.S.C. § 1983
161.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.

162.

Defendants' conduct occurred under color of state law and deprived

Plaintiffs' Decedent of rights, privileges and/or immunities guaranteed under federal law
and/or the U.S. Constitution.
163.

The danger created by Defendants is a "state created danger" as the harm

was foreseeable and direct in that Defendants knew that failing to follow appropriate and
necessary policies and procedures for rendering emergency medical care and failing to
communicate to EMTs the continuing medical emergency and calls to 9-1-1 and that
failing to instruct EMTs not to abandon an individual clearly in need of emergency
medical assistance would result in harm or death.
164. The danger was state created in that the defendants acted with a degree of
culpability that shocks the conscious by failing to render emergency assistance to a
person in need, abandoning such an individual and refusing to take all necessary
measures to render aide.
165.

There was a relationship between the defendants and the decedent wherein

Curtis Mitchell was a foreseeable victim of Defendant's conduct.
166.

Defendants affirmatively created a danger to Curtis Mitchell, or made

Curtis Mitchell more vulnerable, in that Curtis Mitchell relied upon information and
belief that emergency aide was forthcoming and therefore did not seek alternative forms
of assistance.
167. Decedent's death was due to the conduct of Defendants, in:
a.

Failing to make adequate and necessary attempts to have an
ambulance reach Mr. Mitchell's home;

b.

Failing to inform later shifts of the continuing medical emergency
ongoing with Mr. Mitchell;

c.

Failing to instruct ambulance workers to leave their vehicle to
reach Mr. Mitchell in his residence;

d.

Failing to instruct ambulance workers to leave their vehicle to
render emergency medical assistance to Mr. Mitchell;

e.

Failing to summon assistance of a four wheel drive vehicle to
reach Mr. Mitchell; and

f.

Knowing or being substantially certain that Mr. Mitchell was likely
to die without medical treatment.

g.

Being aware of breakdown in communication or rescue efforts and
failing to take corrective action.

168. As a result of Defendants' conduct, Plaintiffs claim damages under 42
U.S.C § 1983 for and on behalf of the decedent's next of kin for:
a.

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

g.

Decedent's loss of income and earning capacity;

h.

Other financial losses suffered as a result of decedent's death; and

1.

169.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

Any and all expenses incurred by the decedent's estate.

Defendants' conduct as set forth above was so reckless and callously

indifferent to the federally protected rights of Curtis Mitchell that Plaintiffs assert a claim
for punitive damages against Defendants Auvil and Curry.

170.

Pursuant to the Civil Rights Attomey's Fee Awards Act of 1976 (42

U.S.C.A. ~ 1988fbJ). Plaintiffs assert a claim for attorneys' fees against Defendants Auvil
and CUITY.
WHEREFORE, Plaintiffs, Theresa E. Thomton and Jeremiah C. Mitchell, request
judgment against Defendants Auvil and Curry in an amount in excess of $25,000, plus
costs. JURY TRIAL DEMANDED.

COUNT XVII
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. the COUNTY of
ALLEGHENY DEPARTMENT OF EMERGENCY SERVICES
Willful Misconduct
171.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
172.

Upon information and belief, County of Allegheny, Department of

Emergency Services, had notice and knowledge of emergency dispatch policies and
procedures for rendering emergency medical care and adequately handling and directing
9-1-1 calls, specifically where multiple calls had been made, yet the County of
Allegheny, Department of Emergency Services took no action or took inadequate action
to correct said policies and procedures to ensure proper care to patients and to
communicate to emergency personnel the number of calls made and the information
relayed in those calls, including the worsening condition of the patient, resulting in

inadequate care to emergency patients, including the death of Plaintiffs' decedent, Curtis
L. Mitchell.
173.

Decedent's death was due to the intentional, malicious, willful, wanton,

reckless and/or other liability producing conduct of the County of Allegheny, Department
of Emergency Services, in:
a.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care and
emergency service dispatch when multiple 9-1-1 calls have been
made;

b.

Failing to establish policies and procedures to inform later shifts of
the continuing medical emergency ongoing with Mr. Mitchell;

c.

Failing to train and require emergency dispatchers to communicate
failed attempts to reach Mr. Mitchell despite his ongoing
emergency;

d.

Failing to train and require dispatchers to instruct EMTs to not
abandon an individual clearly in need of emergency medical
assistance;

e.

Failing to train and require emergency dispatchers to summon
assistance of four wheel drive vehicles to reach persons in distress;

f.

Acting with such willful and wanton misconduct to constitute a
violation of the standards of the Emergency Medical Services Act,
35 Pa. C.S.A. § 6921 et seq. (repealed 2009, current version at 35
Pa. C.S.A. §8101 etseq. (2010); and

g.

Knowing or being substantially certain that dispatch policies and
procedures would lead to severe pain and suffering, including
death.

174. As a result of the County of Allegheny, Department of Emergency
Services' intentional, malicious, willful, wanton, reckless and/or other liability producing
conduct, Plaintiffs claim damages under the Wrongful Death Statute of the

Commonwealth of Pennsylvania, 42 Pa. C.S.A. § 830 1, for and on behalf of the
decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

175. As a result of the County of Allegheny, Department of Emergency
Services' intentional, malicious, willful, wanton, reckless and/or other liability producing
conduct, Plaintiffs have sustained the following damages, under the Survival Act, 42 Pa.
C.S.A. § 8302, including but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

176. Defendant's conduct as set forth above was so outrageous, reckless and in
such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against the County of Allegheny, Department of
Emergency Services.

WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant, the County of Allegheny, Department of Emergency
Services, in an amount in excess of$25,000, plus costs. JURY TRIAL DEMANDED.

COUNT XVIII
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. the COUNTY OF
ALLEGHENY DEPARTMENT OF EMERGENCY SERVICES
Gross Negligence
177.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
178.

Upon information and belief, County of Allegheny, Department of

Emergency Services, had notice and knowledge of emergency dispatch policies and
procedures for rendering emergency medical care and adequately handling and directing
9-1-1 calls, specifically where multiple calls had been made, yet the County of
Allegheny, Department of Emergency Services took no action or took inadequate action
to COITect said policies and procedures to ensure proper care to patients and to
communicate to emergency personnel the number of calls made and the information
relayed in those calls, including the worsening condition of the patient, resulting in
inadequate care to emergency patients, including the death of Plaintiffs' decedent, Curtis
L. Mitchell.
179.

Decedent's death was due to the intentional, malicious, willful, wanton,

reckless and/or other liability producing conduct of the County of Allegheny, Department
of Emergency Services, in:

a.

b.

Failing to establish policies and procedures to inform later shifts of
the continuing medical emergency ongoing with Mr. Mitchell;

c.

Failing to train and require emergency dispatchers to communicate
failed attempts to reach Mr. Mitchell despite his ongoing
emergency;

d.

Failing to train and require dispatchers to instruct EMTs to not
abandon an individual clearly in need of emergency medical
assistance;

e.

Failing to train and require emergency dispatchers to summon
assistance of four wheel drive vehicles to reach persons in distress;

f.

Acting with such willful and wanton misconduct to constitute a
violation of the standards of the Emergency Medical Services Act,
35 Pa. C.S.A. § 6921 et seq. (repealed 2009, current version at 35
Pa. C.S.A. §81 01 et seq. (2010); and

g.

180.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care and
emergency service dispatch when multiple 9-1-1 calls have been
made;

Knowing or being substantially certain that dispatch policies and
procedures would lead to severe pain and suffering, including
death.

As a result of the County of Allegheny, Department of Emergency

Services' intentional, malicious, willful, wanton, reckless and/or other liability producing
conduct, Plaintiffs claim damages under the Wrongful Death Statute of the
Commonwealth of Pennsylvania, 42 Pa. C.S.A. § 8301, for and on behalf of the
decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

181. As a result of the County of Allegheny, Department of Emergency
Services' intentional, malicious, willful, wanton, reckless and/or other liability producing
conduct, Plaintiffs have sustained the following damages, under the Survival Act, 42 Pa.
C.S.A. § 8302, including but not limited to:
a.

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.
182.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

Any and all expenses incurred by the decedent's estate.

Defendant's conduct as set forth above was so outrageous, reckless and in

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against the County of Allegheny, Department of
Emergency Services.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant, the County of Allegheny, Department of Emergency
Services, in an amount in excess of$25,000, plus costs. JURY TRIAL DEMANDED.

COUNT XIX
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. the COUNTY OF
ALLEGHENY DEPARTMENT OF EMERGENCY SERVICES
VICARIOUS LIABILITY
183.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
184.

At all times relevant hereto, Defendants Auvil, Curry, and Long, of the 9-

1-1 call center, were all agents, servants and/or employees of Defendant, the County of
Allegheny Department of Emergency Services, acting within the scope of said agency,
servitude and/or employment.
185.

The conduct of these employees was grossly negligent and constituted

willful misconduct, as set forth herein.
186.

Therefore, Defendant, the County of Allegheny Department of Emergency

Services, is vicariously liable for the actions of Defendants Auvil, Curry, and Long.
187. As a result of Defendant, the County of Allegheny Department of
Emergency Services' intentional, malicious, willful, wanton, reckless and/or other
liability producing conduct, Plaintiffs claim damages under the Wrongful Death Statute
of the Commonwealth of Pennsylvania, 42 Pa. C.S.A. § 8301, for and on behalf of the
decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
ex pectancy; and

f.

188.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

As a result of Defendant, the County of Allegheny Department of

Emergency Services' intentional, malicious, willful, wanton, reckless and/or other
liability producing conduct, Plaintiffs have sustained the following damages, under the
Survival Act, 42 Pa. C.S.A. § 8302, including but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

189. Defendant's conduct as set forth above was so outrageous, reckless and in
such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendant, the County of Allegheny
Department of Emergency Services ..
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant, the County of Allegheny Department of Emergency
Services, in an amount in excess of$25,000, plus costs. JURY TRIAL DEMANDED.

COUNT XX
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. THE COUNTY OF
ALLEGHENY, DEPARTMENT OF EMERGENCY SERVICES
42 U.S.c. § 1983
190.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
191. Defendant's conduct occurred under color of state law and deprived
Plaintiffs' Decedent of rights, privileges and/or immunities guaranteed under federal law
and/or the U.S. Constitution.
192. The danger created by Defendant is a "state created danger" as the harm
was foreseeable and direct in that Defendant knew that failing to follow appropriate and
necessary policies and procedures for rendering emergency medical care and adequately
handling and directing 9-1-1 calls, specifically where multiple calls had been made would
result in death or serious consequences. However, the County of Allegheny, Department
of Emergency Services took no action or took inadequate action to correct said policies
and procedures to ensure proper care to patients and to communicate to emergency
personnel the number of calls made and the information relayed in those calls, including
the worsening condition of the patient, resulting in inadequate care to emergency patients,
including the death of Plaintiffs' decedent, Curtis L. Mitchell.
193. The danger was state created in that the defendants acted with a degree of
culpability that shocks the conscious by failing to render emergency assistance to a

person in need, abandoning such an individual and refusing to take all necessary
measures to render aide.
194. There was a relationship between the defendant and the decedent wherein
Curtis Mitchell was a foreseeable victim of Defendant's conduct.
195. Defendant affirmatively created a danger to Curtis Mitchell, or made
Curtis Mitchell more vulnerable, in that Curtis Mitchell relied upon information and
belief that emergency aide was forthcoming and therefore did not seek alternative forms
of assistance.
196. Decedent's death was due to the conduct of Defendant, in:
a.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care at an
individual's home;

b.

Failing to establish policies and procedures to inform later shifts of
the continuing medical emergency ongoing with Mr. Mitchell;

c.

Failing to train and require EMTs to leave the ambulance and walk
one block to reach Mr. Mitchell to provide medical assistance to
his ongoing medical emergency;

d.

Failing to train and require EMTs to not abandon an individual
clearly in need of emergency medical assistance;

e.

Failing to train and require EMTs to summon assistance of four
wheel drive vehicles to reach persons in distress;

f.

Knowing or being substantially certain that EMS policies and
procedures would lead to severe pain and suffering, including
death;

g.

Failing to enact a policy, where such failure resulted in the alleged
conduct; and

h.

Being aware of breakdown in communication or rescue efforts and
failing to take corrective action.

197. As a result of Defendant's conduct, Plaintiffs claim damages under 42
U.S.C § 1983 for and on behalfofthe decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

g.

Decedent's loss of income and earning capacity;

h.

Other financial losses suffered as a result of decedent's death; and

1.

Any and all expenses incurred by the decedent's estate.

198. Defendant's conduct as set forth above was so reckless and callously
indifferent to the federally protected rights of Curtis Mitchell that Plaintiffs assert a claim
for punitive damages against Defendant County of Allegheny, Department of Emergency
Services.
199. Pursuant to the Civil Rights Attorney's Fee Awards Act of 1976 (42
U.S.c.A. § 1988[b]), Plaintiffs assert a claim for attorneys' fees against Defendant
County of Allegheny, Department of Emergency Services.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant County of Allegheny, Department of Emergency Services in
an amount in excess of$25,000, plus costs. JURY TRIAL DEMANDED.

COUNT XXI

THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. ALLEGHENY
COUNTY
Willful Misconduct
200.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
201.

Upon information and belief, Allegheny County had notice and knowledge

of emergency dispatch policies and procedures for rendering emergency medical care and
adequately handling and directing 9-1-1 calls, specifically where multiple calls had been
made, yet the County took no action or took inadequate action to correct said policies
and procedures to ensure proper care to patients and to communicate to emergency
personnel the number of calls made and the information relayed in those calls, including
the worsening condition of the patient, resulting in inadequate care to emergency patients,
including the death of Plaintiffs' decedent, Curtis L. Mitchell.
202.

Decedent's death was due to the intentional, malicious, willful, wanton,

reckless and/or other liability producing conduct of Allegheny County, in:
a.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care and
emergency service dispatch when multiple 9-1-1 calls have been
made;

b.

Failing to establish policies and procedures to inform later shifts of
the continuing medical emergency ongoing with Mr. Mitchell;

c.

d.

Failing to train and require dispatchers to instruct EMTs to not
abandon an individual clearly in need of emergency medical
assistance;

e.

Failing to train and require emergency dispatchers to summon
assistance of four wheel drive vehicles to reach persons in distress;

f.

Acting with such willful and wanton misconduct to constitute a
violation of the standards of the Emergency Medical Services Act,
35 Pa. C.S.A. § 6921 et seq. (repealed 2009, current version at 35
Pa. C.S.A. §81 0 I et seq. (20 I 0); and

g.

203.

Failing to train and require emergency dispatchers to communicate
failed attempts to reach Mr. Mitchell despite his ongoing
emergency;

Knowing or being substantially certain that dispatch policies and
procedures would lead to severe pain and suffering, including
death.

As a result of Allegheny County's intentional, malicious, willful, wanton,

reckless and/or other liability producing conduct, Plaintiffs claim damages under the
Wrongful Death Statute of the Commonwealth of Pennsylvania, 42 Pa. C.S.A. § 8301,
for and on behalf of the decedent" s next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

204.

As a result of Allegheny County's intentional, malicious, willful, wanton,

reckless and/or other liability producing conduct, Plaintiffs have sustained the following
damages, under the Survival Act, 42 Pa. C.S.A. § 8302, including but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

205. Defendant's conduct as set forth above was so outrageous, reckless and in
such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Allegheny County.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant, Allegheny County, in an amount in excess of $25,000, plus
costs. JURY TRIAL DEMANDED.

COUNT XXII
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. ALLEGHENY
COUNTY
Gross Negligence
206. Plaintiffs hereby incorporate by reference all preceding paragraphs as
though set forth more fully at length herein.
207. Upon information and belief, Allegheny County had notice and knowledge
of emergency dispatch policies and procedures for rendering emergency medical care and
adequately handling and directing 9-1-1 calls, specifically where multiple calls had been

made, yet the County took no action or took inadequate action to correct said policies
and procedures to ensure proper care to patients and to communicate to emergency
personnel the number of calls made and the information relayed in those calls, including
the worsening condition of the patient, resulting in inadequate care to emergency patients,
including the death of Plaintiffs' decedent, Curtis L. Mitchell.
208.

Decedent's death was due to the intentional, malicious, willful, wanton,

reckless and/or other liability producing conduct of Allegheny County, in:
a.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care and
emergency service dispatch when multiple 9-1-1 calls have been
made;

b.

Failing to establish policies and procedures to inform later shifts of
the continuing medical emergency ongoing with Mr. Mitchell;

c.

Failing to train and require emergency dispatchers to communicate
failed attempts to reach Mr. Mitchell despite his ongoing
emergency;

d.

Failing to train and require dispatchers to instruct EMTs to not
abandon an individual clearly in need of emergency medical
assistance;

e.

Failing to train and require emergency dispatchers to summon
assistance of four wheel drive vehicles to reach persons in distress;

f.

Acting with such willful and wanton misconduct to constitute a
violation of the standards of the Emergency Medical Services Act,
35 Pa. C.S.A. § 6921 et seq. (repealed 2009, current version at 35
Pa. C.S.A. §8101 et seq. (2010); and

g.

Knowing or being substantially certain that dispatch policies and
procedures would lead to severe pain and suffering, including
death.

209. As a result of Allegheny County's intentional, malicious, willful, wanton,
reckless and/or other liability producing conduct, Plaintiffs claim damages under the

Wrongful Death Statute of the Commonwealth of Pennsylvania, 42 Pa. C.S.A. § 8301,
for and on behal f of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

210. As a result of Allegheny County's intentional, malicious, willful, wanton,
reckless and/or other liability producing conduct, Plaintiffs have sustained the following
damages, under the Survival Act, 42 Pa. C.S.A. § 8302, including but not limited to:
a.

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.
211.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

Any and all expenses incurred by the decedent's estate.

Defendant's conduct as set forth above was so outrageous, reckless and in

such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Allegheny County.

WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant, Allegheny County, in an amount in excess of $25,000, plus
costs. JURY TRIAL DEMANDED.
COUNT XXIII
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. ALLEGHENY
COUNTY
VICARIOUS LIABILITY
212. Plaintiffs hereby incorporate by reference all preceding paragraphs as
though set forth more fully at length herein.
213. At all times relevant hereto, Defendants Auvil, Curry, and Long, all of the
9-1-1 call center, were all agents, servants and/or employees of Defendant, Allegheny
County, acting within the scope of said agency, servitude and/or employment.
214. The conduct of these employees was grossly negligent and constituted
willful misconduct, as set forth above.
215. Therefore, Defendant, Allegheny County, IS vicariously liable for the
actions of Defendants Auvil, Curry, and Long.
216. As a result of Defendant, Allegheny County's intentional, malicious,
willful, wanton, reckless and/or other liability producing conduct, Plaintiffs claim
damages under the Wrongful Death Statute of the Commonwealth of Pennsylvania, 42
Pa. C.S.A. § 830 I, for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Any and all damages applicable under the wrongful death acts,
survival acts, fiduciary acts, statutes and Pennsylvania rules of
civil procedure.

217. As a result of Defendant, Allegheny County's intentional, malicious,
willful, wanton, reckless and/or other liability producing conduct, Plaintiffs have
sustained the following damages, under the Survival Act, 42 Pa. C.S.A. § 8302, including
but not limited to:
a.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

b.

Decedent's loss of income and earning capacity;

c.

Other financial losses suffered as a result of decedent's death; and

d.

Any and all expenses incurred by the decedent's estate.

218. Defendant's conduct as set forth above was so outrageous, reckless and in
such conscious indifference to Plaintiffs' decedent's health and well-being that Plaintiffs
assert a claim for punitive damages against Defendant Allegheny County.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant, Allegheny County, in an amount in excess of $25,000, plus
costs. JURY TRIAL DEMANDED.

COUNT XXIV
THERESA E. THORNTON and JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L. Mitchell, deceased v. ALLEGHENY
COUNTY,

42 U.S.c. § 1983
219.

Plaintiffs hereby incorporate by reference all preceding paragraphs as

though set forth more fully at length herein.
220.

Defendant's conduct occurred under color of state law and deprived

Plaintiffs' Decedent of rights, privileges and/or immunities guaranteed under federal law
and/or the U.S. Constitution.
221. The danger created by Defendant is a "state created danger" as the harm
was foreseeable and direct in that Defendant knew that failing to follow appropriate and
necessary policies and procedures for rendering emergency medical care and adequately
handling and directing 9-1-1 calls, specifically where multiple calls had been made would
result in death or serious consequences. However, Allegheny County took no action or
took inadequate action to correct said policies and procedures to ensure proper care to
patients and to communicate to emergency personnel the number of calls made and the
information relayed in those calls, including the worsening condition of the patient,
resulting in inadequate care to emergency patients, including the death of Plaintiffs'
decedent, Curtis L. Mitchell.
222. The danger was state created in that the defendants acted with a degree of
culpability that shocks the conscious by failing to render emergency assistance to a

person In need, abandoning such an individual and refusing to take all necessary
measures to render aide.
223. There was a relationship between the defendants and the decedent wherein
Curtis Mitchell was a foreseeable victim of Defendant's conduct.
224. Defendant affirmatively created a danger to Curtis Mitchell, or made
Curtis Mitchell more vulnerable, in that Curtis Mitchell and Theresa Thornton relied
upon information and belief that emergency aide was forthcoming and therefore did not
seek alternative forms of assistance.
225. Decedent's death was due to the conduct of Defendant, in:
a.

Failing to establish adequate, appropriate and necessary policies
and procedures for rendering emergency medical care at an
individual's home;

b.

Failing to establish policies and procedures to inform later shifts of
the continuing medical emergency ongoing with Mr. Mitchell;

c.

Failing to train and require EMTs to leave the ambulance and walk
one block to reach Mr. Mitchell to provide medical assistance to
his ongoing medical emergency;

d.

Failing to train and require EMTs to not abandon an individual
clearly in need of emergency medical assistance;

e.

Failing to train and require EMTs to summon assistance of four
wheel drive vehicles to reach persons in distress;

f.

Knowing or being substantially certain that EMS policies and
procedures would lead to severe pain and suffering, including
death;

g.

Failing to enact a policy, where such failure resulted in the alleged
conduct; and

h.

Being aware of breakdown in communication or rescue efforts and
failing to take corrective action.

226. As a result of Defendant's conduct, Plaintiffs claim damages under 42
U.S.C § 1983 for and on behalf of the decedent's next of kin for:
a.

Loss of service and contribution of the decedent, which he would
have rendered during his lifetime;

b.

Funeral and burial expenses;

c.

Expenses for the administration of decedent's estate;

d.

Loss of benefit of the guidance, counseling, comfort, solace,
protection and companionship of decedent;

e.

The loss of pecuniary benefits to the end of Mr. Mitchell's life
expectancy; and

f.

Decedent's pain, suffering mental anguish, inconvenience and
other such damages that are permitted by law;

g.

Decedent's loss of income and earning capacity;

h.

Other financial losses suffered as a result of decedent's death; and

1.

Any and all expenses incurred by the decedent's estate.

227. Defendant's conduct as set forth above was so reckless and callously
indifferent to the federally protected rights of Curtis Mitchell that Plaintiffs assert a claim
for punitive damages against Defendant, Allegheny County.
228. Pursuant to the Civil Rights Attorney's Fee Awards Act of 1976 (42
U.S.C.A. § I 988[b]), Plaintiffs assert a claim for attorneys' fees against Defendant
Allegheny County.
WHEREFORE, Plaintiffs, Theresa E. Thornton and Jeremiah C. Mitchell, request
judgment against Defendant Allegheny County in an amount in excess of $25,000, plus
costs. JURY TRIAL DEMANDED.

j.
i.
Respectfully submitted,

/U~ J)- t~ Ii
Alan H. Perer, Esquire
Swensen, Perer & Kontos

Robert
N. Peirce, III, Esquire /
Robert Peirce & Associates, P.c.
Paul A.
Ellis,
Esquire

Attorneys for Plaintiffs

_

.........•.•.•.•... ..

-- .....

I, Theresa E. Thornton, verify that I am the Plaintiff in this action and that the
statements made in the foregoing AMENDED COMPLAINT are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification
to authorities.

Date

Theresa E. Thornton, Plaintiff