Case 4:22-cv-00102-DN-PK Document 2 Filed 12/30/22 PageID.2 Page 1 of 8
`
`Alan W. Mortensen (6616)
`Lance L. Milne (14879)
`Christopher J. Cheney (15572)
`DEWSNUP KING OLSEN WOREL
`HAVAS MORTENSEN MILNE
`36 South State Street, Suite 2400
`Salt Lake City, Utah 84111
`Telephone: (801) 533-0400
`Fax: (801) 363-4218
`amort@dkowlaw.com
`lmilne@dkowlaw.com
`ccheney@dkowlaw.com
`Attorneys for Petitioner
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
`
`
`
`
`
`
`COMPLAINT
`
`
`Case No.
`
`
`
`Plaintiff,
`
`
`
`DEAN JEFFRIES L. GOODRIDGE,
`Individually and as Personal
`Representative of the Estate of TAYLOR
`GOODRIDGE, Deceased,
`
`
`
`v.
`
`DIAMOND RANCH ACADEMY, INC.;
`a corporation,
`
` Defendant.
`
`
`
`
`Plaintiff Dean Goodridge, individually and as the natural parent, heir and personal
`
`representative of Taylor Goodridge, a deceased minor, by and through their counsel of record,
`
`Dewsnup, King & Olsen, hereby complain of Diamond Ranch Academy and alleges the
`
`following:
`
`
`
`
`
`
`
`Alan W. Mortensen (6616)
`Lance L. Milne (14879)
`Christopher J. Cheney (15572)
`DEWSNUP KING OLSEN WOREL
`HAVAS MORTENSEN MILNE
`36 South State Street, Suite 2400
`Salt Lake City, Utah 84111
`Telephone: (801) 533-0400
`Fax: (801) 363-4218
`amort@dkowlaw.com
`lmilne@dkowlaw.com
`ccheney@dkowlaw.com
`Attorneys for Petitioner
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
`
`
`
`
`
`
`COMPLAINT
`
`
`Case No.
`
`
`
`Plaintiff,
`
`
`
`DEAN JEFFRIES L. GOODRIDGE,
`Individually and as Personal
`Representative of the Estate of TAYLOR
`GOODRIDGE, Deceased,
`
`
`
`v.
`
`DIAMOND RANCH ACADEMY, INC.;
`a corporation,
`
` Defendant.
`
`
`
`
`Plaintiff Dean Goodridge, individually and as the natural parent, heir and personal
`
`representative of Taylor Goodridge, a deceased minor, by and through their counsel of record,
`
`Dewsnup, King & Olsen, hereby complain of Diamond Ranch Academy and alleges the
`
`following:
`
`
`
`
`
`
`
`Case 4:22-cv-00102-DN-PK Document 2 Filed 12/30/22 PageID.3 Page 2 of 8
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`PARTIES
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`1.
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`Respondent Diamond Ranch Academy is a Utah corporation that provides in-
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`patient treatment for youths located on a 55-acre campus in Washington County, Utah.
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`2.
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`Taylor Goodridge, a deceased minor child, resided in Hurricane, Utah, at the time
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`of her death, but was a citizen of Washington and was domiciled there.
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`3.
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`Taylor Goodridge is the daughter of the Plaintiff Dean Goodridge, who is a
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`resident of the state of Washington. Plaintiff brings this action individually and on behalf of all
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`the heirs of Taylor Goodridge and on behalf of the estate of Taylor Goodridge.
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`4.
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`Diamond Ranch Academy (“DRA”) is a Utah corporation with its principal place
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`of business in Hurricane, Utah.
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`JURISDICTION
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`5.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 because
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`there is complete diversity of citizenship between Plaintiffs and Defendant and because the
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`amount in controversy exceeds $75,000, exclusive of interest and costs.
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`6.
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`Plaintiff is in the process of complying with Utah Code Annotated, §§ 78B-3-401,
`
`et seq., in order to bring an action against Diamond Ranch Academy pursuant to the Utah Health
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`Care Malpractice Act and the complaint will be amended once that process is complied with.
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`GENERAL ALLEGATIONS OF FACT
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`7.
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`DRA is a residential treatment center and therapeutic boarding school in
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`Hurricane, Utah, for troubled youth between the ages of 12 and 18.
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`8.
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`DRA holds itself out as “an industry leader in helping youth realize their
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`potential.” It represents that its students “become their best selves in a structured elite private
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`2
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`Case 4:22-cv-00102-DN-PK Document 2 Filed 12/30/22 PageID.4 Page 3 of 8
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`school environment with a personalized therapeutic approach” and promises that “[t]he
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`challenges you are facing with your child today do not need to limit the possibilities of
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`tomorrow.”
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`9.
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`10.
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`11.
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`DRA employs, among others, licensed physicians, and healthcare providers.
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`DRA’s theme is “Healing Families One Youth at a Time.”
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`DRA invites parents, including Native American parents, to bring their children
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`who are struggling with emotional and addiction issues, for treatment and care.
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`12.
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`The DRA Parent Manual states in part: “Our program is proven effective – and
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`we guarantee it – when the program is followed closely and when the parents support it
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`completely.”
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`13.
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`The DRA Parent Manual further states: “We recognize how difficult a decision it
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`was to intervene on your child’s behalf. We also recognize how difficult it is to place the care of
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`you child in the hands of another. Please take comfort in knowing that we take our responsibility
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`very seriously.”
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`14.
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`DRA promises parents to “treat every student as if they were our own daughter or
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`son.”
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`15.
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`DRA promises parents that students will be allowed to ensure for their basic
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`health needs, such as requesting appointments with on and offsite providers, addressing medical
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`concerns with professionals and that the medical staff would attend to their needs onsite as if
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`they were in their family medical practice.
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`16.
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`Given these representations and promises, Plaintiff matriculated his minor
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`daughter, Taylor Goodridge, into the DRA program and she was removed from her home in the
`3
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`Case 4:22-cv-00102-DN-PK Document 2 Filed 12/30/22 PageID.5 Page 4 of 8
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`State of Washington and was physically placed into the DRA, where she became a resident for
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`several months.
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`17.
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`Unbeknownst to Plaintiff, despite these assurances, representations and promises,
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`children that become ill at DRA are often ignored or told that they are faking their illnesses.
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`Many claim that they are given aspirin and water and told to “suck it up.”
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`18.
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`Taylor entered DRA was in very good health and was an athlete, competing on
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`the DRA volleyball team.
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`19.
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`Upon information, beginning in November 2022, Taylor began to experience
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`extreme abdominal pain.
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`DRA.
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`20.
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`21.
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`22.
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`23.
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`24.
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`25.
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`The pain became so excruciating that Taylor was begging the DRA staff for help.
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`At one point in time, Taylor collapsed in her vomit.
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`Taylor continued to beg for help, these complaints were ignored by the staff at
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`DRA staff told her that she was faking it and needed to “suck it up.”
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`Taylor’s stomach became extremely distended so that it was noticeable to others.
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`Taylor was in excruciating pain, but all the DRA staff did was tell her to drink
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`water and take aspirin.
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`26.
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`27.
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`Finally, on December 20, 2022, Taylor collapsed and died.
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`DRA called her father and told him that Taylor had suffered a heart attack and
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`was taken to the hospital.
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`4
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`Case 4:22-cv-00102-DN-PK Document 2 Filed 12/30/22 PageID.6 Page 5 of 8
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`28.
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`The DRA then called her father and told him she had perished at the hospital from
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`a heart attack.
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`29.
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`30.
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`Unbeknownst to the Plaintiff, Taylor was dead before she had left the DRA.
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`Upon information and belief, Taylor died of sepsis related to her several weeks of
`
`complaints to the staff.
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`FIRST CLAIM FOR RELIEF
`(Negligence/Knowing and Reckless Indifference)
`
`Plaintiff incorporates the previous paragraphs as if fully set forth herein.
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`DRA was acting in loco parentis and had a special legal relationship with Taylor
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`31.
`
`32.
`
`Goodridge.
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`33.
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`DRA had a duty to exercise responsible care in the treatment and supervision of
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`Taylor Goodridge.
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`34.
`
`DRA knew that Taylor Goodridge was suffering from extreme pain in her
`
`abdominal area.
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`35.
`
`DRA breached the duty that it owed to Taylor Goodridge and the Plaintiff,
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`thereby creating a substantial risk of, and in fact causing, serious bodily injury and death to
`
`Taylor Goodridge.
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`36.
`
`DRA’s breaches of duty included, among other things:
`
`a.
`
`b.
`
`
`
`Failing to provide Taylor Goodridge with adequate supervision and care;
`
`Failing to provide and/or follow policies and procedures related to
`
`supervision and care of Taylor Goodridge;
`
`
`
`5
`
`
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`Case 4:22-cv-00102-DN-PK Document 2 Filed 12/30/22 PageID.7 Page 6 of 8
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`c.
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`Failing to properly assess, document, and treat Taylor Goodridge’s health
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`d.
`
`e.
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`condition;
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`Failing to appropriately train staff; and
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`Not acting immediately treating Taylor Goodridge but instead putting its
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`public relations ahead of Taylor Goodridge’s life.
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`37.
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`DRA’s acts and omissions manifested a knowing and reckless indifference toward
`
`and a disregard of the rights of others, including Taylor Goodridge and the Plaintiff.
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`38.
`
`As a direct and proximate result of DRA’s acts and omissions, Plaintiff and the
`
`other heirs suffered and will continue to suffer the loss of the relationship with their daughter,
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`causing them extreme mental and emotional anguish; loss of the care, comfort, companionship,
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`society, guidance, love, affection, association, services, and support of their daughter; and the
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`permanent destruction of their family unit.
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`39.
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`As a direct and proximate result of DRA’s acts and omissions, TAYLOR suffered
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`severe physical pain, discomfort, loss of enjoyment of life, and death, and the Plaintiff incurred
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`medical expenses prior to TAYLOR’s untimely death and have incurred funeral and burial
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`expenses as a result of her death.
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`SECOND CLAIM FOR RELIEF
`(Breach of Fiduciary Duty)
`
`40.
`
`41.
`
`42.
`
`Plaintiff incorporates the previous paragraphs as if fully set forth herein.
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`DRA owed a fiduciary duty to Plaintiff his daughter.
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`DRA breached the fiduciary duty it owed to Plaintiff and his daughter.
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`6
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`Case 4:22-cv-00102-DN-PK Document 2 Filed 12/30/22 PageID.8 Page 7 of 8
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`43.
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`As a direct and proximate result of DRA’s acts and omissions, Plaintiff and other
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`heirs have suffered and will continue to suffer the loss of the relationship with their daughter,
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`causing them extreme mental and emotional anguish; loss of the care, comfort, companionship,
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`society, guidance, love, affection, association, services and support of their daughter; and the
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`permanent destruction of their family unit.
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`44.
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`As a direct and proximate result of DRA’s acts and omissions, Taylor Goodridge
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`suffered severe physical pain, discomfort, loss of enjoyment of life, and death, and the Plaintiff
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`incurred medical expenses prior to Taylor Goodridge’s untimely death and have incurred funeral
`
`and burial expenses as a result of her death.
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`THIRD CLAIM FOR RELIEF
`(Premises Liability)
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`Plaintiffs incorporate the previous paragraphs as if fully set forth herein.
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`Taylor Goodridge’s was DRA’s invitee.
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`DRA owed Taylor Goodridge a duty of care to provide care to its invitees.
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`DRA was aware that Taylor Goodridge was in extreme pain but did nothing to help
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`45.
`
`46.
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`47.
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`48.
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`her.
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`49.
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`As a direct and proximate result of DRA’s breach of duty, Taylor Goodridge was
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`subjected to the dangerous conditions that caused Taylor Goodridge’s injury and death.
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`50.
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`As a direct and proximate result of DRA’s negligence, Plaintiff and the other heirs
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`have suffered and will continue to suffer the loss of the relationship with their daughter, causing
`
`them extreme mental and emotional anguish; loss of the care, comfort, companionship, society,
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`guidance, love, affection, association, services and support of their daughter; and the permanent
`
`destruction of their family unit.
`
`
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`7
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`Case 4:22-cv-00102-DN-PK Document 2 Filed 12/30/22 PageID.9 Page 8 of 8
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`51.
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`As a direct and proximate result of DRA’s negligence, Taylor Goodidge suffered
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`severe physical pain, discomfort, loss of enjoyment of life, and death, and the Plaintiff incurred
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`medical expenses prior to his untimely death and have incurred funeral and burial expenses as a
`
`result of her death.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays for judgment against Defendant, DRA, as follows:
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`1.
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`2.
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`3.
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`4.
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`For general damages in an amount to be proved at trial;
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`For special damages in an amount to be proved at trial;
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`For punitive damages in an amount sufficient to punish DRA and to deter DRA
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`and others in similar situations from engaging in such conduct in the future; and
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`For such other costs, expenses, attorney’s fees, and other relief the Court finds
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`appropriate under the circumstances.
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`JURY DEMAND
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`Plaintiff hereby demands a trial by jury.
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`DATED this 30th day of December 2022.
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`DEWSNUP KING OLSEN WOREL
`HAVAS MORTENSEN MILNE
`
`/s/ Alan W. Mortensen
`Alan W. Mortensen
`Lance L. Milne
`Christopher J. Cheney
`Attorneys for Petitioner
`
`8
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