Case 0:21-cv-00138-SWS Document 1 Filed 07/19/21 Page 1 of 10
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`Robert P. Schuster
`Wyoming Bar No. 4-1137
`Bradley L. Booke
`Wyoming Bar No. 5-1676
`ROBERT P. SCHUSTER, P.O.
`P.O. Box 13160
`Jackson, Wyoming 83002
`Telephone: 1.307.732.7800
`bob@bobschuster.com
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`M00fcom.
`0,- 'A YOHifiS;
`Z02I JUi IS Pfi 2s 26
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF WYOMING
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`JUNE LOUISE TILLMAN AND
`CATHY ANN LUCAS, Co-Wrongful
`Death Representatives for ELAINE J.
`TILLMAN, Deceased.
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`Plaintiffs,
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`V.
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`RIVERTON MEMORIAL
`HOSPITAL, LLC.
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`Defendant.
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`Civil No
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`COMPLAINT AND DEMAND FOR JURY TRIAL
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`For their claims for relief against the defendant, Plaintiffs June Louise Tillman and Cathy
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`Ann Lucas—by and through their counsel—state as follows.
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`I.
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`PARTIES
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`1. June Louise Tillman and Cathy Ann Lucas are sisters, and the daughters of Elaine J.
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`Tillman, deceased. They are both citizens and residents of Fremont County, Wyoming.
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`2. Ms. Tillman and Ms. Lucas are the duly appointed Co-Wrongful Death Representatives for
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`proceedings relevant to the death of their mother, Elaine J. Tillman. An appointment action was
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`commenced in the Ninth Judicial District Court in and for Fremont County, Wyoming, in
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`accordance with the provisions of Section 1-38-103 et seq, W.S. 1977 as amended. Thereafter,
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`Ms. Tillman and Ms. Lucas were appointed the Co-Wrongful Death Representatives by Order
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`issued by the Honorable Jason M. Conder on June 2, 2021.
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`3. The statutory beneficiaries of Elaine J. Tillman under § 1-38-102 , W.S. 1977 as amended,
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`are:
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`a. June Louise Tillman is the natural child of Elaine J. Tillman, deceased. June Tillman
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`is a resident of Fremont County, Wyoming. Her children are Stephanie Guffey and
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`Benjamin Guffey—all residents of Fremont County, Wyoming.
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`b. Cathy Ann Lucas is the natural child of Elaine J. Tillman, deceased. Cathy Lucas is a
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`resident of Fremont County, Wyoming. Her children are Curtis Lucas, Jared Lucas,
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`and Smoky Lucas—all residents of Fremont County, Wyoming.
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`c. Kenneth SunGoes Slow, Jr., was the son of Elaine J. Tillman and the brother of June
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`L. Tillman and Cathy A. Lucas. Mr. SunGoes Slow predeceased his mother, leaving
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`two children Kenneth SunGoes Slow III and Kaylee SunGoes Slow who live with
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`Cathy A. Lucas.
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`d. At the time of her death Elaine J. Tillmtin had two siblings. Patrick Deshaw is believed
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`to be living in California but the family does not have contact information for him.
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`Jean SunRhodes lives in Boulder Flats, Wyoming.
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`e. To the knowledge of June L. Tillman and Cathy A. Lucas, Elaine J. Tillman has no
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`other heirs who would be proper claimants under W.S. 1-38-101 et seq.
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`4- Elaine J. Tillman was fatally injured in an attack on November 26, 2020 while she was a
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`patient at SageWest Healthcare (Lander) ("the Hospital"). She was attacked by another Hospital
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`patient whose dangerous and violent proclivities were known or should have been known by the
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`defendant, Riverton Memorial Hospital, LLC ("the Tennessee owner"). She was life flighted to
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`the University of Utah where she succumbed to the injuries on December 9, 2020. At the time of
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`her death, Mrs. Tillman was a citizen and resident of Fremont County, Wyoming.
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`5. SageWest Healthcare (Lander) is a trade name for a Hospital that is wholly owned and
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`controlled by Riverton Memorial Hospital, LLC, a limited liability company formed in the State
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`of Delaware. Riverton Memorial Hospital, LLC, is a subsidiary of LifePoint Health, Inc., formerly
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`LifePoint Hospitals, Inc. (the predecessor entity or former name of LifePoint Health, Inc.).
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`LifePoint Health, Inc., is a Delaware corporation and it is not currently—nor was it at the time of
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`the events relevant to this Complaint—authorized to conduct business operations in the state of
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`Wyoming. Upon information and belief, LifePoint Health, Inc., (LifePoint) owned, controlled,
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`and operated Riverton Memorial Hospital, LLC (Riverton Memorial). The chief executive officer
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`of Riverton Memorial was selected by LifePoint; LifePoint selected the members of the Board of
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`Trustees of Riverton Memorial and those trustees were terminable by LifePoint; the Hospital
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`Support Center of LifePoint provided administrative control of Riverton Memorial. LifePoint also
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`has conducted its operations through other subsidiary entities, including LifePoint Hospital
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`Holdings, Inc., LifePoint RC, Inc., and LifePoint Holdings 3, Inc. Plaintiffs reserve the right to
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`amend this Complaint at a later date—based upon information to be learned during discovery in
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`this case—to add LifePoint Health, Inc. as a defendant in this case.
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`II.
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`JURISDICTION
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`6. This Court has original jurisdiction over the subject matter of this action under 28
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`U.S.C. § 1332(a)(1) in that there is complete diversity of citizenship. Pursuant to 28 U.S.C.
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`§ 1332(c)(2), the citizenship of a decedent controls the jurisdictional determination and,
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`accordingly, the citizenship of Elaine J. Tillman was the State of Wyoming and the citizenship of
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`Riverton Memorial Hospital, LLC, is either the State of Delaware or the State of Tennessee.
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`7.
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`The matter in controversy is a wrongful death action and the eimount in controversy
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`exceeds the sum of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest and costs
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`in conformity with the provisions of 28 U.S.C. § 1332(a).
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`III. VENUE
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`8.
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`Venue of this action lies in this judicial district under 28 U.S.C. §1391(b)(2).
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`9.
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`This case arises from a violent attack in Fremont County, Wyoming.
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`IV. FACTS COMMON TO ALL CLAIMS FOR RELIEF
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`10. Mrs. Tillman was a patient at SageWest Healthcare (Lander) on November 26,
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`2020—Thanksgiving Day as well as her birthday.
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`11. She was assigned to a room within the Emergency Department that was across the
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`hall from a room the Hospital had assigned to a psychiatric patient who had a history of violence-
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`—Patrick Lee Rose.
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`12. It had been known for more than a year that SageWest Healthcare (Lander) had
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`grossly insufficient supervision and monitoring of its psychiatric patients. In spite of repeated
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`complaints, Riverton Memorial Hospital, LLC (and its officers, directors, and employees) failed
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`to spend the money required to assure patients' safety.
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`13. Mr. Rose—a big, burly man—was insufficiently restrained, insufficiently
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`monitored, and insufficiently supervised—and—in consequence—was able to leave his room,
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`enter Mrs. Tillman's room, assault her, gouge out one of her eyes, and cause brain damage as a
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`consequence of the traumatic assault and battery.
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`14. Mrs. Tillman was life flighted to the University of Utah where she died as a
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`consequence of this tragedy on December 9, 2020. The autopsy listed the cause of death as
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`"Homicide."
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`15. The defendant is liable for punitive and exemplary damages as a consequence of its
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`reckless, willful, wanton, and misconduct. Punitive and exemplary damages should be assessed
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`because of the grave misconduct of Riverton Memorial Hospital, LLC, and to deter it and others
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`similarly situated from future similar misconduct that evidences reckless disregard for the safety
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`cind lives of Wyoming citizens.
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`V.
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`FIRST CLAIM FOR RELIEF: NEGLIGENCE
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`16. Plaintiffs hereby incorporate by reference all statements and allegations contained in
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`paragraphs 1 through 15 herein.
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`17. Defendant Riverton Memorial Hospital, LLC, owed duties of reasonable care to its
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`medical patients, including Mrs. Tillman in multiple respects, including the following:
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`a. To fully and safely investigate, examine, and diagnose patients—and to take
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`proper precautions, based upon such investigations, for patients with violent
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`tendencies to protect the safety of other patients;
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`b. To ensure that its personnel provide appropriate and safe care and treatment to its
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`patients;
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`c. To ensure a safe environment to protect the well-being of its patients.
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`18. The defendant breached its duties of care.
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`19. The death of Mrs. Tillman was proximately caused by the negligent and punitive
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`misconduct of defendant.
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`20. The defendant's misconduct was reckless, willful, and wanton—and was in knowing
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`and deliberate disregard of the safety of Mrs. Tillman, placing her at substantial risk of serious
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`personal injury or death.
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`21. Defendant Riverton Memorial Hospital, LLC, (acting through its officers, directors,
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`employees, and agents) was negligent in the care and treatment it provided to Mrs. Tillman, and
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`such negligence, falling below the applicable standard of care, breached the duties of care it owed
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`to Mrs. Tillman. The officers, directors, employees, and agents of Riverton Memorial Hospital,
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`LLC, negligently failed to comply with the standard of care required of physicians and healthcare
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`providers under similar circumstances practicing in the same field or specialty as such standard of
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`care existed at the time and place of the treatment provided to Mrs. Tillman.
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`22. As a proximate result of the negligent and punitive misconduct of Riverton Memorial
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`Hospital, LLC, Mrs. Tillman was severely injured and died. Accordingly, the Co-Wrongful Death
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`Representatives of Elaine J. Tillman and those statutory beneficiaries entitled to assert claims for
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`damages in this matter were damaged as is more specifically detailed in that section of this
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`Complaint denominated as "Damages."
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`VL SECOND CLAIM FOR RELIEF; NEGLIGENT PLANNING. SUPERVISION.
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`23. Plaintiffs hereby incorporate by reference all statements and allegations contained in
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`AND MONITORING
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`paragraphs 1 through 22 herein.
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`24. Defendant Riverton Memorial Hospital, LLC, owed duties of reasonable care to its
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`medical patients, including Mrs. Tillman in multiple respects, including the following:
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`a. To undertake those investigations to assure that appropriate and safe plans would
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`be established and maintained for the protection of patients in the event the Hospital
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`accepted patients from law enforcement agencies or other agencies or sources when
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`those patients had known psychiatric disturbances and violent tendencies.
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`b. To establish and maintain appropriate and safe facilities within the Hospital for
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`individuals accepted by the Hospital as patients with known psychiatric
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`disturbances and violent tendencies so that those patients would be securely isolated
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`for the protection of other patients in the Hospital.
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`c. To safely monitor and supervise individuals accepted by the Hospital as patients
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`with known psychiatric disturbances and violent tendencies for the protection of
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`other patients in the Hospital.
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`d. To ensure that its personnel provide appropriate and safe care and treatment to its
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`patients;
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`e. To ensure a safe environment to protect the well-being of its patients.
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`25. The defendant breached its duties of care.
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`26. The death of Mrs. Tillman was proximately caused by the negligent and punitive
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`misconduct of defendant.
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`27. The defendant's misconduct was reckless, willful, and wanton—and was in knowing
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`and deliberate disregard of the safety of Mrs. Tillman, placing her at substantial risk of serious
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`personal injury or death.
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`28. Defendant Riverton Memorial Hospital, LLC, (acting through its officers, directors,
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`employees, and agents) was negligent in the care and treatment it provided to Mrs. Tillman, and
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`such negligence, falling below the applicable standard of care, breached the duties of care it owed
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`to Mrs. Tillman. The officers, directors, employees, and agents of Riverton Memorial Hospital,
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`LLC, negligently failed to comply with the standard of care required of physicians and healthcare
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`providers under similar circumstances practicing in the same field or specialty as such standard of
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`care existed at the time and place of the treatment provided to Mrs. Tillman.
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`29. As a proximate result of the negligent and punitive misconduct of Riverton Memorial
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`Hospital, LLC, Mrs. Tillman was severely injured and died. Accordingly, the Co-Wrongful Death
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`Representatives of Eleiine J. Tillman and those statutory beneficiaries entitled to assert claims for
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`damages in this matter were damaged as is more specifically detailed in that section of this
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`Complaint denominated as "Damages."
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`VII. DAMAGES
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`30.
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`Plaintiffs hereby incorporate all statements and allegations contained in paragraphs
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`1 through 29 above as if fully set forth herein.
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`31.
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`As a direct and proximate result of the defendant's misconduct, Mrs. Tillman was
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`killed. Accordingly, the Co-Wrongful Death Representatives of Elaine J. Tillman and those
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`statutory beneficiaries entitled to assert claims for damages in this matter were damaged—
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`damages for which the defendant is responsible. The following damages are entitled to be
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`recovered in this matter:
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`a. Loss of care, comfort, protection, companionship, association, advice, and society
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`by the statutory beneficiaries in an amount to be proven at trial.
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`b. Loss of emotional support by the statutory beneficiaries in an amount to be proven
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`at trial,
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`c. Loss of services by the statutory beneficiaries in an amount to be proven at trial.
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`d. Loss of the hedonic value of Mrs. Tillman's life by the statutory beneficiaries in an
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`amount to be proven at trial.
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`e. Punitive damages in an amount to be proven at trial.
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`f. Exemplary damages in an amount to be proven at trial.
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`Wherefore, Plaintiffs June Louise Tillman and Cathy Ann Lucas (as Co-Wrongful Death
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`Representatives), on behalf of all wrongful death beneficiaries, pray that the Court enter judgment
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`against the defendant in an amount supported by the allegations of this Complaint, together with
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`interest and costs thereon, and for such other and further relief as the Court deems just and
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`equitable.
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`Dated: July 16, 2021.
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`ROBERT P. SCHUSTER, P.C.
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`Robert P. Schuster
`Bradley L. Booke
`Robert P. Schuster, P.C.
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`250 Veronica Lane, Suite 204
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`P.O. Box 13160
`Jackson, Wyoming 83002
`1.307.732.7800 (Telephone)
`1.307.732.7801 (Facsimile)
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`bob@bobschuster.com
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`brad@bobschuster.com
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`Attorneys for Plaintiffs
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`DEMAND FOR TRIAL BY JURY
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`Plaintiffs hereby demand that all issues regarding all claims for relief above be tried by a
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`jury of six (6) persons.
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`Dated: July 16,2021.
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`By:_C
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`Robert P. Schuster
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