DOCUMENT 136 ELECTRONICALLY FILED 7/16/2019 2:44 PM 52-CV-2018-900276.00 CIRCUIT COURT OF MORGAN COUNTY, ALABAMA CHRIS PRIEST, CLERK IN THE CIRCUIT COURT OF MORGAN COUNTY, ALABAMA
JANE DOE on behalf of herself and as ) guardian and next friend of MARY DOE, ) BRENDA BOE, CARLA COE, FRANCIS ) FOE, GRACE GOE, KATIE KOE, LAURA ) LOE, MABEL MOE, NANCY NOE, ) JILL JOE, PAIGE POE, RUTH ROE ) SUSAN SOE, VICKI VOE, WENDY WOE, ) YANA YOE, ZANA ZOE, BRENDA BAY ) CATIE CAY, DEBBIE DAY, FANNIE FAY ) HANNAH HAY, JENNY JAY. KATHY ) KAY, MARTHA MAY, NINA NAY, PATTY ) PAY, ROSIE RAY, SARAH SAY, and TINA ) TAY on behalf of themselves and others ) similarly situated, ) ) PLAINTIFFS, ) ) CASE NO.: CV 2018-900276 v. ) ) CLASS ACTION MICHAEL DICK, ALABAMA MEDICINE ) & RHEUMATOLOGY, INC., and ) FICTITIOUS PARTY DEFENDANTS A, B, ) C, D, and E, being those individuals or ) entities who negligently, recklessly, and/or ) wantonly injured Plaintiffs or contributed to ) injuries Plaintiffs suffered by standing idly ) by and enabled his/her co-Defendants to ) harm them; their identities are currently ) unknown but will become named defendants ) to this action once their identities are ) discovered pursuant to ALA.R.CIV.P. 9(h), ) ) DEFENDANTS.
THIRD AMENDED CLASS ACTION COMPLAINT
COME NOW, Plaintiffs, via pseudonyms, and file their Third and Class Action Complaint against Michael Dick (hereinafter “Dick”), Alabama Medicine & Rheumatology, Inc. (hereinafter
“AM&R”), and Fictitious Party Defendants A, B, C, D, and E, and, in support thereof, show as follows:
1 DOCUMENT 136
INTRODUCTION
My goal will be to help, or at least do no harm.1
The prohibition against sexual contact between a physician and a patient is well established and is embodied in the oath taken by physicians, the Hippocratic Oath.2
Prior to his license being revoked by the Alabama Board of Medical Examiners, Michael
Dick did business out of Alabama Medicine & Rheumatology, Inc. in Decatur, Alabama. He
practiced for a time in California but left under unknown circumstances in 2003 before arriving in
Ashland, Alabama and eventually coming to reside and work in Decatur in 2004.
In 2006, the Alabama Board of Medical Examiners received complaints against Dick.
However, he only paid a fine, and continued to practice and see female patients. In 2007, Dick was working at Parkway Medical Center in Decatur, which is now Decatur Morgan Hospital. A hospitalized female patient filed a formal complaint against him after he tried to kiss her on the mouth while her husband was out of the room. The hospital reported that it counseled him on appropriate behavior and Dick continued to see patients.
At AM&R, Dick treated patients with chronic illnesses such as fibromyalgia and arthritis, among others. Often, the Plaintiffs were seeking treatment in order to manage chronic pain.
Without ongoing medical treatment, their everyday lives are difficult if not impossible to navigate.
A good number of the Plaintiffs are unable to work due to the conditions that originally brought them to AM&R. AM&R accepted payments on a sliding scale, a necessity for unemployed women needing expensive treatment. Patients such as Nancy Noe, details of interactions with Dick which are more fully set out below, were limited by their circumstances in their options for treatment and
1 Hippocratic Oath. 2 Alabama Board of Medical Examiners & Medical Licensure Commission of Alabama Rules of Professional Conduct 540-X-9-.08 (1)
2 DOCUMENT 136
were subjected to years of repeated sexual assaults by Dick in order to receive the medical
treatment they needed to live a normal, active life.
During visits with Plaintiffs, Dick performed the following forms of sexual assault:
Uninvited hugging;
Rubbing of Plaintiffs’ legs, breasts, buttocks, and genitals, both above and beneath their clothing;
Inappropriate comments on their looks and bodies;
Kisses on the forehead, mouth, and even on their bare buttocks;
Pulling off clothes or pulling clothes down to expose breasts, buttocks and genital areas unnecessarily; and
Rubbing his obviously erect penis against different parts of their bodies.
The above actions were performed by Dick with and without nurses in the room. These
actions constitute a trespass to person as to the term appears in ALA. CODe § 6-2-34(1).
Several Plaintiffs filed police reports against Dick more than a year ago. Nothing was done until finally, Michael Dick was arrested on January 29, 2018. However, he was only charged with misdemeanor sexual assault. He returned to his practice three days later to continue seeing female patients. Once the television stations aired reports of his arrest, Plaintiffs Coe, Foe, and Jane and
Mary Doe came forward and filed charges with the Decatur Police Department. Other Plaintiffs
have since filed police reports, as well.
Michael Dick has molested, groped, and sexually assaulted dozens of women, including the named Plaintiffs, in the offices of his business, Alabama Medicine & Rheumatology. None of the Plaintiffs invited these actions, asked for them, wished for them, or gained pleasure from them.
In fact, Plaintiffs have experienced extreme and ongoing physical, mental, and emotional anguish arising from Dick’s actions. Plaintiffs’ trust in Michael Dick as their doctor was turned to fear,
3 DOCUMENT 136
distress, and anxiety for which they now seek to recover. But their larger goal is to protect other
women in the North Alabama community by preventing Dick from inflicting the same sort of
suffering on any other potential victim.
Michael Dick is not practicing medicine. Instead, he is using his business, AM&R, to prey
on vulnerable women and girls, including minor children and those that are unable to protect
themselves. Perhaps even worse, he has surrounded himself with a group of nurses, employees,
and associates who are willing to enable and facilitate the sexual assault of the women coming to
AM&R by turning a blind eye to the suffering of those women Dick has chosen to victimize. These nurses, employees, and associates will be added to this suit as soon as their identities are discovered.
As of this amended filing, Michael Dick has been charged with ten counts of misdemeanor harassment, convicted of three, and is now facing felony charges. The Alabama Board of Medical
Examiners has conducted an investigation into his conduct. His license to practice medicine in
Alabama has been suspended.
PARTIES
1. Plaintiffs bring this suit under pseudonyms which are not their true and correct
names but are fictitious names utilized to protect their privacy as victims of sexual harassment and
sexual assault.
2. Plaintiff Jane Doe is above the age of nineteen (19) years and is a female resident
of Colbert County, Alabama.
3. Plaintiff Mary Doe is above the age of nineteen (19) years and is a mentally and
physically disabled adult who is fully under the care of Jane Doe, her aunt and next friend. She is
a resident of Colbert County, Alabama.
4 DOCUMENT 136
4. Plaintiff Brenda Boe is above the age of nineteen (19) years and is a female resident
of Lawrence County, Alabama.
5. Plaintiff Carla Coe is above the age of nineteen (19) years and is a female resident of Lauderdale County, Alabama.
6. Plaintiff Francis Foe is above the age of nineteen (19) years and is a female resident of Madison County, Alabama.
7. Plaintiff Grace Goe is above the age of nineteen (19) years and is a female resident of Colbert County, Alabama.
8. Plaintiff Katie Koe is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama.
9. Plaintiff Laura Loe is above the age of nineteen (19) years and is a female resident of Jefferson County, Alabama.
10. Plaintiff Mabel Moe is above the age of nineteen (19) years and is a female resident of Jefferson County, Alabama.
11. Plaintiff Nancy Noe is above the age of nineteen (19) years and is a female resident of Madison County, Alabama.
12. Plaintiff Jill Joe is above the age of nineteen (19) years and is a female resident of
Morgan County, Alabama.
13. Plaintiff Paige Poe is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama.
14. Plaintiff Ruth Roe is above the age of nineteen (19) years and is a female resident of Madison County, Alabama.
5 DOCUMENT 136
15. Plaintiff Susan Soe is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama.
16. Plaintiff Vickie Voe is above the age of nineteen (19) years and is a female resident of Paulding County, Georgia.
17. Plaintiff Wendy Woe is above the age of nineteen (19) years and is a female resident of Madison County, Alabama.
18. Plaintiff Yana Yoe is above the age of nineteen (19) years and is a female resident of Colbert County, Alabama.
19. Plaintiff Zana Zoe is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama.
20. Plaintiff Brenda Bay is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama.
21. Plaintiff Catie Cay is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama.
22. Plaintiff Debbie Day is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama.
23. Plaintiff Fannie Fay is above the age of nineteen (19) years and is a female resident of Madison County, Alabama.
24. Plaintiff Hannah Hay is above the age of nineteen (19) years and is a female resident of Madison County, Alabama.
25. Plaintiff Jenny Jay is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama.
6 DOCUMENT 136
26. Plaintiff Kathy Kay is above the age of nineteen (19) years and is a female resident
of Limestone County, Alabama.
27. Plaintiff Martha May is above the age of nineteen (19) years and is a female resident
of Madison County, Alabama.
28. Plaintiff Nina Nay is above the age of nineteen (19) years and is a female resident
of Lauderdale County, Alabama.
29. Plaintiff Patty Pay is above the age of nineteen (19) years and is a female resident
of Limestone County, Alabama.
30. Plaintiff Rosie Ray is above the age of nineteen (19) years and is a female resident
of Madison County, Alabama.
31. Plaintiff Sarah Say is above the age of nineteen (19) years and is a female resident
of Morgan County, Alabama.
32. Plaintiff Tina Tay is above the age of nineteen (19) years and is a female resident
of Colbert County, Alabama.
33. Cohort Plaintiffs Jane Doe, Mary Doe, Brenda Boe, Carla Coe, Francis Foe, Grace
Goe, Katie Koe, Laura Loe, Nancy Noe, Jill Joe, Yana Yoe, Zana Zoe, Brenda Bay, Hannah Hay,
Patty Pay, and Sarah Say collectively referred to as “Group A.”
34. Cohort Plaintiffs Mable Moe, Paige Poe, Ruth Roe, Susan Soe, Vickie Voe, Wendy
Woe, Catie Cay, Debbie Day, Jenny Jay, Kathy Kay, Martha May, Nina Nay, Rosie Ray, and
Group A collectively referred to as “Group B.”
35. Cohort Plaintiffs Fannie Fay, Tina Tay, Group A, and Group B collectively referred to as “Group C.”
7 DOCUMENT 136
36. Defendant Michael Dick is above the age of nineteen (19) years, resides in Morgan
County, Alabama, and is a male employee of AM&R.
37. Defendant Alabama Medicine & Rheumatology, Inc. is incorporated under the laws
of the State of Alabama with its principal place of business in Decatur, Alabama.
38. Fictitious Party Defendants A, B, C, D, and E being those individuals or entities who negligently, recklessly, and/or wantonly injured Plaintiffs or contributed to injuries Plaintiffs suffered at the hands of Defendant Michael Dick. Whether singular or plural, Plaintiffs hereby intend to designate that individual or those individuals acting as nurses, associates, partners or staff working for, with, or around Michael Dick at the time of the injuries suffered by Plaintiffs. These
Defendants stood idly by and watched for years as Dick sexually harassed and assaulted women around him. As the true names of this Defendant or these Defendants are discovered, the process and all pleadings and proceedings in the action will be amended by substituting their true names pursuant to ALA. R. CIV. P. 9(h).
JURISDICTION AND VENUE
39. Paragraphs 1 through 38 are incorporated herein as if set out in full.
40. Given the amount in controversy and the nature of claims plead infra, this Court
has subject matter jurisdiction over this matter.
41. This Court has personal jurisdiction over the named Defendant.
42. Pursuant to ALA.R.CIV.PRO. 82(b)(2), venue is proper in this Court with respect to
Defendants as this is the judicial district in which a substantial part of the events which have given
rise to the claims, plead infra, occurred.
8 DOCUMENT 136
FACTS
Michael Dick
43. Paragraphs 1 through 38 are incorporated herein as if set out in full.
44. Michael Dick began working in California after medical school. He left in 2003 for unknown reasons before finally finding his way to Decatur, Alabama to eventually set up
Alabama Medicine & Rheumatology.
45. Patients of AM&R come seeking relief from hand, foot, joint, or back pain, most often from arthritis or similar illness.
46. On April 24, 2006 the Alabama Board of Medical Examiners received a complaint in which Dick was accused of practicing medicine “in such a way as to engage in immoral, unprofessional, or dishonorable conduct.”
47. Dick paid a fine. He continued to see patients.
48. He was working at Parkway Medical Center, now called Decatur Morgan Hospital, in 2007 when he received a complaint from a hospitalized female patient that he tried to kiss her on the mouth while her husband was out of the room.
49. Dick was apparently investigated by the hospital and advised about appropriate behavior with patients. As examined below, this pattern of behavior did not end.
Jane and Mary Doe
50. Plaintiff Jane Doe is a 59-year-old female adult who cares for her 25-year-old, incapacitated, disabled niece, Plaintiff Mary Doe, after the death of her sister, Mary Doe’s mother.
Jane Doe suffers from arthritis, which makes her daily activities difficult and painful.
51. In April 2017, Jane Doe’s general practitioner recommended she visit AM&R.
52. Jane Doe brought Mary to her appointment with Dick.
9 DOCUMENT 136
53. Mary Doe is mentally and physically disabled and is unable to verbally communicate or to care for herself. She is completely in the care of and relies completely upon her aunt and next friend, Jane Doe. She is a quadriplegic- confined to a wheelchair. Jane often brings
Mary with her on her various errands.
54. Mary Doe was not in the offices of AM&R to receive any sort of treatment or services from Dick.
55. When he entered the exam room where Jane and Mary Doe were waiting, Dick hugged Mary Doe, though she is not able to consent to such contact, rubbed her arms, and rubbed her breasts.
56. Mary Doe was not able to verbally communicate her discomfort with the unwanted contact due to a traumatic brain injury. However, she shrank back and stopped smiling when Dick touched her breasts.
57. Jane Doe told Dick that his actions were making Mary uncomfortable, and pulled
Mary’s wheelchair away from Dick.
58. At this point Dick approached Jane Doe. He rubbed Jane’s thighs and pressed his erection against her leg.
59. Jane immediately stood up and left the office with Mary.
60. The unwanted touching perpetuated against Jane and Mary Doe constitutes sexual assault and was outside of the sought-after medical treatments.
61. Jane and Mary Doe experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
62. Jane Doe has reported Dick to the Decatur Police Department on behalf of herself and Mary Doe.
10 DOCUMENT 136
Brenda Boe
63. Brenda Boe is a 35-year-old adult female. In November 2017 she began seeing Dick for treatment of arthritis. Her mother is a pharmacist and recommended the AM&R clinic to Boe because many of her clients at the pharmacy received treatment there.
64. At her first two visits in November and December 2017, Boe received X-rays, injections, and prescriptions for medications administered by Dick for the treatment of pain in
Boe’s knee. These first two visits seemed normal.
65. Between her second and third appointments, Boe fell down the stairs in her home, injuring her right shoulder, ribs, leg, and knee. She had difficulty standing and walking and went to see Dick seeking relief from her injuries.
66. At her third visit in January 2018, Boe was in an exam room with Dick and
Fictitious Party Defendant A, a female nurse with dirty-blonde hair.
67. Fictitious Party Defendant A did not interfere as Dick kissed Boe, bent her over the exam table, and groped Boe’s bottom.
68. Fictitious Party Defendant A also failed to interfere when Dick pushed Boe’s pants and underwear down to her knees in order to administer injections in her hip.
69. After Boe had pulled her pants up and been helped up from her seated position,
Dick then pulled on Boe’s pants and underwear, as if he were further pulling them up.
70. Boe called her sister in extreme distress after she left AM&R. She filed a police report immediately after the incident and submitted a complaint to the Alabama Board of Medical
Examiners on the advice of her mother.
11 DOCUMENT 136
71. Brenda Boe experienced extreme and ongoing mental and emotional anguish as a direct result of this assault by Dick, the negligence of Fictitious Party Defendant A, and the negligent hiring practices of AM&R.
72. Brenda Boe has reported Dick to the Decatur Police Department.
Carla Coe
73. Carla Coe is a female adult who suffers from rheumatoid arthritis, which causes pain and swelling in her hands, feet, and joints, as well as pain in her lower back, and makes many activities difficult and painful.
74. Michael Dick and the AM&R clinic were recommended to Carla Coe by a friend in 2016 for treatment of her rheumatoid arthritis.
75. At Coe’s first two visits to the Defendants, she was diagnosed with fibromyalgia and received injections in affected areas as well other treatments to help alleviate the symptoms of her rheumatoid arthritis. As with his other victims, nothing inappropriate happened during these first visits.
76. During Coe’s third visit, Dick recommended injections to her lower back to help with pain from fibromyalgia. Dick administered the shot himself despite Coe expressing confusion that a nurse was not performing the injection. Dick pulled Coe’s pants down past her knees and laughed at Coe’s subsequent discomfort.
77. In May 2017, Dick saw Coe for her appointment in an exam room without a nurse present. Coe was seated on the exam table when Dick entered the room.
78. Dick rubbed Coe’s legs, and pressed his erect penis against her legs. Dick then held
Coe’s knees and spread her legs, pushing between them to rub his genitals against her pubic area.
Coe expressed her discomfort and pushed Dick away from her.
12 DOCUMENT 136
79. At the same appointment, Dick asked Coe if she ever experienced migraines and rubbed her neck to find sore points. While he was doing this, Dick took Coe by the chin and turned her head, placing his lips forcefully on hers. Coe again expressed her discomfort and pushed him away.
80. Finally, as Coe was getting ready to leave, Dick expressed regret that he could not go out with Coe due to his position as her doctor. He told Coe that he would take her phone number from her chart after she declined to give it to him. Coe received multiple calls from a number she did not recognize over the following weekend. Dick confirmed that it was he that had called during
Coe’s following appointment.
81. Carla Coe experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick the negligence of Fictitious Party Defendant D and the negligent hiring practices of AM&R.
82. Carla Coe has reported Dick to the Decatur Police Department.
Francis Foe
83. In August 2016, Francis Foe began going to AM&R for lupus-like symptoms, which included swelling and pain in her joints as well as fatigue. Her first appointment was uneventful.
84. Foe returned to AM&R in September 2016 for treatment of a swollen ankle.
85. Dick conducted Foe’s appointment in an exam room. After the nurse left the room,
Dick held Foe’s leg against his genitals, and pressed his erect penis against her leg and left it there.
86. After leaving, Foe called her mother in great distress and never returned to AM&R.
87. Francis Foe experienced extreme and ongoing mental and emotional anguish as a direct result of this assault by Dick and the negligent hiring practices of AM&R.
13 DOCUMENT 136
88. Francis Foe has reported Dick to the Decatur Police Department.
Grace Goe
89. Grace Goe is a survivor of childhood sexual abuse.
90. She is a 38-year-old adult female who suffers from a bulging disk and bone spurs as well as arthritis in her cervical spine, all of which cause her immense pain and make everyday tasks difficult or impossible.
91. Goe was referred to Dick and AM&R for treatment of the above-mentioned ailments in August 2017.
92. At her first appointment, Goe was diagnosed with bursitis and fibromyalgia, among other issues. This first appointment seemed normal.
93. Goe had a second appointment at the AM&R clinic in September 2017 during which she received sixteen injections in various parts of her body to help alleviate symptoms of her arthritis. Nothing inappropriate happened at this appointment, either.
94. Goe attended a third appointment in November 2017 where she was again seen by
Dick in an exam room, this time with Fictitious Party Defendant B, a female nurse, in the room.
95. Dick asked Goe to lay back on the examination table and put his hands on her chest underneath her bra. He then put his hand under the waistband of her pants and pushed his hand lower, past her stomach, without wearing gloves.
96. Dick then kissed Goe on the mouth. He hugged Goe and placed his face next to her face and held his erect penis against her leg. Fictitious Party Defendant B was still in the room.
97. Goe was extremely upset and uncomfortable with the unwanted, unwelcome touches from Dick. Due to her past trauma from other sexual assaults, Goe felt far away during this encounter, as though she were unable to physically react.
14 DOCUMENT 136
98. Fictitious Party Defendant B did not interfere as Dick assaulted Goe, and their negligence directly contributed to Goe’s subsequent and ongoing mental and emotional anguish.
99. In extreme distress, Goe then left AM&R and filed a report of assault with the
Decatur Police Department.
100. Goe was in such extreme emotional and mental distress the evening after the assault that she was forced to report to the emergency room in Muscle Shoals.
101. Days later, Goe signed a consent form to allow her to use the Decatur Police drug task force’s recording equipment to record Dick’s actions at Goe’s next appointment.
102. On December 11, 2017, Goe attended her last appointment at AM&R with the sole purpose of capturing Dick’s behavior on video.
103. Goe feared that without video evidence, her allegations of assault would not be taken seriously.
104. Though there were only two patients ahead of her when she arrived at 3:00pm, Goe was forced to wait to see Dick until 5:30pm.
105. Goe used her cell phone to record the appointment.
106. When he came into the room, Dick immediately grabbed Goe out of the chair she was sitting in and pressed her body against his and his erection into the top of her pubic area. Dick held her close to him and rubbed her hair for several minutes.
107. Goe again felt numb while this was happening. She covered her face and cried while
Dick continued to press himself against her.
108. Dick then released Goe and she sat on the exam table. When she lay down, Dick pulled her bodily up the table, then rubbed her face and stomach.
15 DOCUMENT 136
109. At this point, Goe had been in AM&R so long that her husband became concerned and entered the building. He asked the nurse at the reception desk, Fictitious Party Defendant C, about Goe. Fictitious Party Defendant C stated that there were no more patients in the practice, and that Goe might have left with Dick through the back entrance.
110. Goe’s husband insisted that Fictitious Party Defendant C call back to the exam room. Dick did not answer the phone, though he and Goe were both present in the building. Dick also refused to answer Goe’s husband’s knocks on the door leading from the lobby to the exam rooms.
111. When Goe was able to escape, she returned to her husband in extreme emotional and mental distress. She then went back to the Decatur Police Department to file a second report of assault, bringing with her the footage from her appointment.
112. Dick was not arrested following this second report, and he continued to see patients.
113. Grace Goe experienced extreme and ongoing mental and emotional anguish as a direct result of this assault by Dick, the negligence of Fictitious Party Defendants B and C, and the negligent hiring practices of AM&R.
Katie Koe
114. Katie Koe suffers from arthritis, which in October and November 2017 had become so painful that it was debilitating in her day-to-day life. She began going to AM&R in hopes of gaining some relief for her condition.
115. Koe’s first visit was in October 2017. Dick conducted the appointment with no nurse present in the room.
116. During the visit, Dick stroked Koe’s hair, patted her face, and even removed her shoes, despite there being no clear medical reason for him to do so.
16 DOCUMENT 136
117. At one point, Dick held Koe’s face and leaned in to kiss her on the mouth, but Koe pulled back in horror before he could.
118. Dick did not act toward Koe in a way that was normal for a physician. Dick created a romantic atmosphere during Koe’s appointment that in turn made her feel extremely uncomfortable and uneasy. He told her sexual jokes and talked as though he was flirting with her.
119. Despite her clear body language that she was not interested in the sort of touching that Dick was performing, Dick continued to harass and assault her throughout her appointment.
120. Koe returned for her final visit in November 2017.
121. She was so desperate for medical relief that she felt she had to subject herself to
Dick’s harassment and unwanted touching in order to be able to enjoy her life again.
122. Koe received the results of her x-rays as well prescriptions and left the office for the last time.
123. Katie Koe experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
124. Katie Koe has reported Dick to the Decatur Police Department.
Laura Loe
125. Laura Loe is a 41-year-old woman who suffers from fibromyalgia. This causes her daily pain and makes normal activities difficult or impossible to perform.
126. Loe began going to the AM&R clinic in January 2015 on the recommendation of a friend who performs patient billing for AM&R. She saw him on average once per month through
November 2016.
127. Dick normally conducted these appointments alone with Loe in an exam room without a nurse present.
17 DOCUMENT 136
128. Her first several appointments with Dick seemed normal, and nothing overtly inappropriate happened.
129. However, in May 2015, Dick kissed Loe on the mouth.
130. When Loe expressed her concern and discomfort with this conduct to her friend, the friend laughed it away and told Loe that this was normal behavior for Dick.
131. Loe returned but began taking her husband to her appointments in fear that Dick would continue the unwanted, inappropriate touching that she had already experienced.
132. At these appointments, Dick rubbed Loe’s thighs and face, and took off her shoes and socks when there was no clear medical reason to do so.
133. As is his pattern, Dick pulled Loe’s pants and underwear down to her knees to expose her entire bottom in order to administer injections in her hips or lower back. When he administered the shots, he would lay his body across hers. Then, he would pull her pants and underwear back up when he was finished.
134. He would also require that she completely remove her shirt and bra in order to receive injections in her shoulder.
135. These actions were taken for Dick’s own sexual gratification and were not desired or asked for by Loe.
136. Laura Loe experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick the negligence of Fictitious Party Defendant D and the negligent hiring practices of AM&R.
137. Laura Loe has reported Dick to the Decatur Police Department.
Mabel Moe
18 DOCUMENT 136
138. Mabel Moe is a 20-year-old woman who was a minor when she was sexually assaulted by Dick.
139. Laura Loe is the mother of Moe’s longtime boyfriend and fiancée. In 2015, Loe recommended that Moe visit the AM&R clinic to find out if Moe might be suffering from fibromyalgia. Moe also suffers from arthritis.
140. Moe was 17, a minor, when she began going to the AM&R.
141. Her first visit happened in August 2015. At this visit, Moe and Loe were separated, leaving Moe alone in the exam room with Dick.
142. Dick spread Moe’s legs while she was on the exam table and sat on a stool between them, rubbing her thighs as he asked her about her symptoms. He also put his hands on Moe’s face and hugged her before she left, making her extremely uncomfortable.
143. Moe was so distressed and uncomfortable with these actions that she asked Laura
Loe to accompany her to subsequent appointments.
144. Having another adult present in the room was not enough to curb Dick’s behavior.
145. Moe returned for a second appointment where Dick’s behavior escalated. Not only did he again put his hands on her face, but he also pulled her pants and underwear down to her knees when he administered shots in her lower back.
146. She received these injections in a tight fetal position laying on the exam table. At each appointment Dick stood behind her and rubbed her bare back and bottom after giving her the injections.
147. Afterwards, Dick helped her sit up, but in the process groped and grabbed her breasts through her shirt.
19 DOCUMENT 136
148. He would also pull her pants and underwear back up himself, one after the other, when she had gotten off the table.
149. Dick made a habit of kissing Moe on the forehead and giving her a full-body hug before she left each appointment.
150. All of these actions made Moe extremely distressed and uncomfortable.
151. However, as is his pattern, Dick had chosen a vulnerable girl to prey upon. Moe was desperate for medical treatment, and it was being paid for by Laura Loe who was also seeing
Dick at this time.
152. These factors as well as her young age made Moe vulnerable to assault by Dick.
153. Moe did not at first report these assaults to the police as she feared that her age would mean that she would not be believed if she accused a well-known doctor of repeated assault.
154. Mabel Moe experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
155. Mabel Moe has reported Dick to the Decatur Police Department.
Nancy Noe
156. Nancy Noe is a 55-year-old African American woman who suffers from fibromyalgia, arthritis, carpel tunnel, degenerative disks in her back, and chronic pain.
157. She relies on Medicaid and Medicare for health insurance coverage.
158. To best manage her chronic illnesses, Noe requires regular visits to a rheumatologist. However, few such doctors accept her insurance. She is forced to find physicians that will accept payment on a sliding scale or else go without much-needed medical care.
159. Noe’s general physician recommended that she see Dick at the practice he held before AM&R.
20 DOCUMENT 136
160. She first began seeing him at this other clinic in 2011 before going to AM&R.
161. Noe was seen by Dick approximately once a month from 2011 to 2017 and was sexually harassed and assaulted from the very first visit.
162. During her first visits, Noe and Dick were alone in an exam room without a nurse present.
163. He began each appointment by asking general questions about her state of health.
Then he prepared the injections she received in her hips and lower back at each appointment.
164. Noe received these injections laying on her side on the exam table, with her knees pulled up to form a tight ball.
165. Dick pulled Noe’s pants and underwear down to expose her entire bottom each time, despite the fact that she was receiving injections in only her lower back and upper hip.
166. Dick hugged Noe before and after the injections.
167. After each round of injections, Dick kissed Noe at the injection site, which was most often her bare bottom.
168. Dick’s pants were often unzipped while he conducted Noe’s appointments.
169. He would not allow Noe’s husband to come to the exam room with her.
170. Later, a nurse, Fictitious Party Defendant E, would be in the room during her appointments.
171. Fictitious Party Defendant E ignored the repeated, unwanted, harmful touching of
Dick toward Noe and failed to take any action to prevent or terminate said activities.
172. Noe was distressed and deeply uncomfortable with these actions by Dick, but she feared that her minority status would mean that no one would believe her if she accused a highly- respected doctor of repeated sexual assault.
21 DOCUMENT 136
173. Nancy Noe experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick, the negligence of Fictitious Party Defendant E, and the
negligent hiring practices of AM&R.
174. Nancy Noe has reported Dick to the Decatur Police Department.
Jill Joe
175. Jill Joe is a 52-year-old woman.
176. Joe began going to the AM&R clinic for injections for pain. Her first visit happened
in April 2015. At this visit, everything seemed fine.
177. The next few visits, Dick started pulling her closer to the end of the table and closer
to his own body to such an extent that Joe felt it was inappropriate contact for a doctor and patient.
178. Dick grabbed Joe and try to kiss her, but she turned her face each time. This
happened on multiple visits. Each time Dick would try to push Joe’s boundaries a little more.
179. Jill Joe stopped seeing Dick in 2015. At that time, she was scared to report him, so
she did not tell anyone and did not go to the police.
180. All of these actions made Joe extremely distressed and uncomfortable.
181. Jill Joe experienced extreme and ongoing mental and emotional anguish as a direct
result of these assaults by Dick and the negligent hiring practices of AM&R.
Paige Poe
182. Paige Poe is a female patient who was sexually assaulted by Dick.
183. Poe started going to AM&R for treatment of fibromyalgia. Her first visit happened in August 2015.
22 DOCUMENT 136
184. This first visit was only a consult, and everything seemed fine, until Dick kissed
her on the forehead at the end of the visit.
185. The next visit, Dick took off Poe’s shoes and put them back on and told her she was
pretty.
186. After a few more visits, Dick had her get on the exam table and tapped her bottom
twice. Ms. Poe’s daughter was in the room with them at the time. When he gave Poe the injection,
Dick touched her on the bottom again.
187. Poe stopped seeing Dick after approximately eight visits in 2015. She reported his actions to another physician who suggested she stop seeing Dick. Poe was afraid to report Dick’s actions to the police.
188. All of these actions made Poe extremely distressed and uncomfortable.
189. Paige Poe experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Ruth Roe
190. Ruth Roe was approximately 33-years-old when she was sexually assaulted by
Dick.
191. Roe was referred by another doctor to AM&R for treatment of fibromyalgia. Her
first visit happened in approximately 2010.
192. Dick began to touch Roe more and more during each visit. Dick eventually
progressed to kissing Roe on the cheek and even gave her a kiss on the lips.
193. During some visits, Dick made Roe remove her blouse and pants and grabbed her
near her breast.
194. Roe started bringing her husband with her to the visits after this.
23 DOCUMENT 136
195. Roe stopped seeing Dick in approximately 2013.
196. All of these actions made Roe extremely distressed and uncomfortable.
197. Ruth Roe experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Susan Soe
198. Susan Soe was a 45-year-old woman when she was sexually assaulted by Dick.
199. Soe went to AM&R for treatment of migraines and bulging discs. Her first visit happened in early 2015.
200. The first few visits seemed normal and Soe did not notice anything unusual.
201. On a later visit, Dick made the comment “look how little you are” and put Soe up on the exam table. Dick had an obvious erection and started rubbing it on her legs.
202. On the next two visits, Dick made the nurses leave the room and Dick rubbed his erection against her again. During these visits he also kissed her and stuck his tongue in her mouth.
203. Soe has previously been sexually assaulted and was fearful to come forward at the time this happened.
204. Soe stopped seeing Dick after a few visits in 2015.
205. All of these actions made Soe extremely distressed and uncomfortable.
206. Susan Soe experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Vickie Voe
207. Vickie Voe was a 50-year-old woman when she was sexually assaulted by Dick.
208. Voe went to AM&R for treatment of lupus and chronic pain. Her first visit happened in August 2013.
24 DOCUMENT 136
209. During the first visit, Dick grabbed Voe and kissed her on the lips.
210. During her second visit with Dick, he was giving Voe an injection and made her roll onto her stomach on the exam table. Dick then unbuttoned and pulled down her pants and started rubbing her exposed skin. Dick kissed Voe on the cheek at the end of the visit.
211. During one visit, he undid her bra while giving her an injection.
212. Due to Dick’s actions, Voe stopped seeing Dick.
213. All of these actions made Voe extremely distressed and uncomfortable.
214. Vickie Voe experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
215. Voe has reported Dick to the Decatur Police Department.
Wendy Woe
216. Wendy Woe was a 41-year-old woman when she was sexually assaulted by Dick.
217. Woe went to AM&R for treatment of arthritis. Her first visit happened in March
2014.
218. On her third visit in May, Dick asked Woe if she trusted him. Dick then tried to kiss her. She had to turn her head to avoid it. She left and never returned to AM&R.
219. These actions made Woe extremely distressed and uncomfortable.
220. Wendy Woe experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Yana Yoe
221. Yana Yoe was a 53-year-old woman when she was first sexually assaulted by Dick.
222. Yoe went to AM&R for treatment of fibromyalgia. Her first visit happened in approximately 2013.
25 DOCUMENT 136
223. During one of her first visits, Dick ran his finger down her bottom.
224. On another visit, he stuck his tongue out like he was going to lick her breast.
225. On a later visit, Dick lifted up her underwear and looked at her private areas.
226. Yoe continued going to Dick and AM&R because she had trouble finding another doctor to treat her fibromyalgia.
227. She has recently quit treating with Dick and plans to file a police report.
228. All of these actions made Yoe extremely distressed and uncomfortable.
229. Yana Yoe experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Zana Zoe
230. Zana Zoe was a 43-year-old woman when she was first sexually assaulted by Dick.
231. Zoe went to AM&R for treatment of myalgia encephalomyelitis. Her first visit happened in January 2016.
232. During Zoe’s appointments with Dick, she usually received injections. Dick often
tried to pull her pants down too far and she stopped him.
233. On Zoe’s last visit to him, he put his hands on her head and kissed her. She was
shocked and walked out of the office.
234. When she went back to get her records from Dick, she told one of his nurses. They
commented, “Yeah, we keep telling he’s going to get in trouble.”
235. Zoe stopped going to Dick and AM&R in November 2017.
236. All of these actions made Zoe extremely distressed and uncomfortable.
237. Zana Zoe experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick and the negligent hiring practices of AM&R.
26 DOCUMENT 136
Brenda Bay
238. Brenda Bay was a 51-year-old woman when she was sexually assaulted by Dick.
239. Bay first went to AM&R for treatment in March 2017.
240. During the first visit, Dick gave her injection while she was laying on the table. He
pulled her pants down past her bottom.
241. On the next visit, Dick attempted to kiss her and pressed his erection against her bottom. She immediately left the office and did not return.
242. Bay stopped seeing Dick after this second visit in May 2017.
243. All of these actions made Bay extremely distressed and uncomfortable.
244. Brenda Bay experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Catie Cay
245. Catie Cay was a 52-year-old woman when she was sexually assaulted by Dick.
246. Cay first went to AM&R for treatment for knee pain in April 2016.
247. During the first visit, Dick started doing a full body exam of Cay. He spread her legs and when Cay questioned this action, Dick said he would explain at the end. Dick asked
questions about her dating status. As Cay was trying to to leave, he grabbed her by the face and
kissed her on the lips.
248. A nurse was in the exam room with them and saw these actions but didn't say
anything.
249. Cay quit seeing Dick after a short time in May 2016.
250. All of these actions made Cay extremely distressed and uncomfortable.
27 DOCUMENT 136
251. Catie Cay experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick, the negligence of Fictitious Party Defendant E, and the
negligent hiring practices of AM&R.
Debbie Day
252. Debbie Day was a 63-year-old woman when she was sexually assaulted by Dick.
253. Day first went to AM&R for treatment for fibromyalgia and arthritis pain in 2014.
254. During her visits with Dick, he said things to her such as “I like you.” He poked her and embraced her, and she asked him to stop. During one visit, he pressed his penis up against her knees while he examined her. Dick often grabbed her face and kissed her.
255. She didn’t come forward at first because she was embarrassed and was afraid no
one would believe her.
256. Day quit seeing Dick after a short time in January 2018.
257. All of these actions made Day extremely distressed and uncomfortable.
258. Debbie Day experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Fannie Fay
259. Fannie Fay was a 45-year-old woman when she was sexually assaulted by Dick.
260. Fay first went to see Dick for treatment of pain in 2009 after being in an auto collision.
261. During her initial visits with Dick, everything seemed normal.
262. On her third visit, Dick ran his hand up Fay’s leg and attempted to touch her
genitals. She stopped him and told him she would kick him if he did. Dick and the nurse in the
room just laughed.
28 DOCUMENT 136
263. On her fourth visit, he touched her breast.
264. On her fifth visit, he asked if he could kiss her, and she told him no. The same nurse was in the room with them during all these visits, and did nothing to stop Dick’s assaults.
265. Fay did not come forward right away because she was embarrassed and was afraid no one would believe her.
266. Fay stopped seeing Dick after a short time.
267. All of these actions made Ms. Fay extremely distressed and uncomfortable.
268. Fannie Fay experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick, the negligence of Fictitious Party Defendant E, and the
negligent hiring practices of AM&R.
Hannah Hay
269. Hannah Hay was a 38-year-old woman when she was sexually assaulted by Dick.
270. Ms. Hay first went to the AM&R clinic for treatment for fibromyalgia in 2017.
271. During her first visits with Dick, Hay had her 4-year-old daughter with her. While
in the exam room, he pressed his erect penis up against her while he examined her. Ms. Hay was
not sure if he meant to do this.
272. During Fay’s second visit, Dick kissed her on the forehead.
273. On her third visit, he pulled down her pants and underwear to give her an injection
and touched her pubic bone. The nurse was in the room at all times and did nothing to prevent or
stop these actions. Hay left the office in tears.
274. She did not come forward at first because she was embarrassed and did not think
anyone would believe her.
275. Hay stopped seeing Dick in May 2018.
29 DOCUMENT 136
276. All of these actions made Ms. Hay extremely distressed and uncomfortable.
277. Hannah Hay experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick, the negligence of Fictitious Party Defendant E, and the
negligent hiring practices of AM&R.
Jenny Jay
278. Jenny Jay was a 59-year-old woman when she was sexually assaulted by Dick.
279. Jay went to AM&R for treatment of neck pain in September 2016.
280. During her one and only visit with Dick, he started rubbing her neck and then
proceeded to rub her breasts and to try to kiss her on the lips.
281. Jay saw a nurse as she walked out and asked her if he acts that way all the time.
The nurse responded, “He’s just friendly like that.”
282. Jay did not come forward at first because she was embarrassed and was afraid no one would believe her.
283. All of these actions made Jay extremely distressed and uncomfortable.
284. Jessica Jay experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Kathy Kay
285. Kathy Kay was a 39-year-old woman when she was sexually assaulted by Dick.
286. Kay first went to the AM&R clinic for treatment of fibromyalgia pain in 2012.
287. After a few visits, Dick began to get very touchy with her. He pressed his penis up
against her and thrust his body. He kissed her on the forehead.
30 DOCUMENT 136
288. Kay continued going to AM&R because she was unable to get another doctor to
treat her, and her fibromyalgia makes daily activities painful or impossible without regular
treatment.
289. Kay recalls episodes where she “blacked out” after an injection and is not sure what
happened while she was out.
290. A nurse was usually in the room for these appointments.
291. Kay stopped seeing Dick in February 2016.
292. All of these actions made Kay extremely distressed and uncomfortable.
293. Kathy Kay experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick, the negligence of Fictitious Party Defendant E, and the
negligent hiring practices of AM&R.
Martha May
294. Martha May was a 42-year-old woman when she was sexually assaulted by Dick.
295. May first went to AM&R for treatment for fibromyalgia and Parkinson’s disease in
February 2015.
296. During the first visit Dick touched May to the point that she felt uncomfortable.
There was no nurse in the room during this visit.
297. May told her husband about Dick’s behavior and her husband accompanied her to the next three visits.
298. After a few visits, Dick began again to get very touchy with May. On one visit Dick
ran his hand up her thigh and got very close to her genitals. It made her extremely uncomfortable.
There was again no nurse in the room when this happened.
31 DOCUMENT 136
299. On the next visit, May started talking to a nurse about it. The nurse told her that
Dick had been trying to feel May’s trigger points and not to worry about it.
300. On another visit as May was trying to leave the room, Dick followed her out. and
May turned around and as she did, Dick leaned in tried to kiss her, but she turned her head.
301. May stopped seeing Dick at the end of 2015.
302. All of these actions made May extremely distressed and uncomfortable.
303. Martha May experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick, the negligence of Fictitious Party Defendant E, and the
negligent hiring practices of AM&R.
Nina Nay
304. Nina Nay was a 49-year-old woman when she first was sexually assaulted by Dick.
305. Nay first went to AM&R for treatment for fibromyalgia and arthritis in 2014.
306. Nay’s visits in 2014 and 2015 seemed normal enough, although Nay often noticed
that Dick’s pants were very tight during her appointments.
307. During a visit in 2016, Dick was giving Nay an injection in the head for migraines.
Nay begin tear up; Dick pulled her close and held on to her for an extended period of time. He then grabbed her face and kissed her on the forehead. He told her how beautiful he thought she
was.
308. On the next visit, Nay asked a nurse to be in the exam room with her. After that she
then began looking for another doctor.
309. Nay stopped seeing Dick in 2016.
310. All of these actions made Nay extremely distressed and uncomfortable.
32 DOCUMENT 136
311. Nina Nay experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Patty Pay
312. Patty Pay was a 52-year-old woman when she was first sexually assaulted by Dick.
313. During her first visit to AM&R on May 10, 2018, Dick pulled her shoes off and
rubbed her feet in a sexual manner. A nurse, Fictitious Party Defendant E, was in the room while
this happened.
314. This behavior made Pay extremely uncomfortable.
315. During her second visit on May 21, 2018, Pay was set to receive injections in her
lower back and buttocks.
316. Dick pulled her pants and underwear down to the bend of her knees and rubbed her
butt with his hands for almost three minutes after administering the injections.
317. On her third visit on June 6, 2018, Dick asked Pay to remove her shirt, then undid
her bra from the back.
318. He then rubbed her back, shoulders, and around until he was rubbing underneath
her breasts.
319. Nay was deeply uncomfortable with Dick’s behavior and brought her husband to
her fifth appointment on June 31, 2018, in hopes that his presence would curb Dick’s behavior.
320. Instead, even with her husband in the room, Dick grabbed Pay’s face with both
hands and kissed her on the cheek then gave her a hug.
321. Pay filed a report with the Decatur City Police and a complaint with the Alabama
Board of Medical Examiners.
322. All of these actions made Pay extremely distressed and uncomfortable.
33 DOCUMENT 136
323. At no point did Pay ask for, invite, or welcome any of these actions.
324. Patty Pay experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Rosie Ray
325. Rosie Ray was a 37-year-old woman when she was first sexually assaulted by Dick.
326. Ray was a patient at AM&R from 2014 to 2016, going approximately once a month.
For the first two years, Dick’s behavior seemed normal.
327. However, on her fourth from last visit, Dick rubbed his genitals on Ray while she was in an awkward position, trapped against the exam table.
328. Ray was terrified and could believe was her doctor was doing to her.
329. At her next appointment, Ray brought her 12-year-old son with her in hopes that
Dick would not assault her in the presence of her child.
330. When Dick entered the exam room, he did not see Ray’s son. He asked Ray how she was doing. When she replied “Fine,” he said something along the lines of, “I can see that you’re fine, but how are you doing?”
331. This comment on her appearance made Ray uncomfortable, but Dick stopped the behavior once he noticed Ray’s son in the room.
332. During her last visit, Ray was crying on the exam table because she was in so much pain from the condition she was there to have treated.
333. Dick entered the exam room and hugged Ray before kissing her on the lips. He held his face against hers for several seconds before pulling away.
334. He leaned back and rubbed her arms before kissing her on the mouth a second time.
34 DOCUMENT 136
335. A female nurse, Fictitious Party Defendant E, had followed Dick into the exam
room, but left when she saw Dick kiss Ray for the first time.
336. After he released Ray, Dick left the room.
337. A different nurse came in to give Ray instructions for setting her next appointment.
338. Ray never went back to AM&R.
339. All of these actions made Ray extremely distressed and uncomfortable.
340. Ray did not ask for, invite, or welcome any of these actions.
341. Rosie Ray experienced extreme and ongoing mental and emotional anguish as a
direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Sarah Say
342. Sarah Say was a 41-year-old woman when she was first sexually assaulted by Dick.
343. Say attended approximately six appointments with Dick at AM&R, with her last
appointment in October 2017.
344. At various appointments, Dick rubbed Say’s shoulders, kiss her forehead, and tell her that everything was going to be ok.
345. Like other Plaintiffs, Dick pulled her pants and underwear down past her butt to administer injections in her hips.
346. On one occasion, Dick ran his finger between her buttocks. Say jumped and exclaimed. Dick told her that he was trying to line up the injections.
347. The same nurse, Fictitious Party Defendant E, was in the room for each appointment.
348. At the end of each appointment, Fictitious Party Defendant E apologized to Say.
35 DOCUMENT 136
349. Say did not immediately come forward with her allegations because she was embarrassed and frightened.
350. However, Say has since filed a report with the Decatur Police Department.
351. All of these actions made Say extremely distressed and uncomfortable.
352. Say did not ask for, invite, or welcome any of these actions.
353. Sarah Say experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Tina Tay
354. Tina Tay saw Dick for years, from around 2009 to 2013.
355. Sometime in 2009, Dick was sitting in front of her and got so close that he leaned his genitals against her knees. This made Tay extremely uncomfortable.
356. At another appointment, Dick kissed Tay. She was shocked.
357. The final straw was in 2013, when Dick asked Tay to pull her pants and underwear down past her bottom for an injection that she received in her hip.
358. This left her completely exposed leaning over the exam table.
359. Tay was deeply disturbed by Dick’s actions, but was frightened and unsure how to come forward until she saw some of the other Plaintiffs speaking up.
360. Sarah Say experienced extreme and ongoing mental and emotional anguish as a direct result of these assaults by Dick and the negligent hiring practices of AM&R.
Currently
361. On January 29, 2018, Dick was arrested in conjunction with police reports made by two of the Plaintiffs.
362. Dick returned to his practice on January 31, 2018.
36 DOCUMENT 136
363. The remaining Plaintiffs have all reported or are in the process of reporting assault
while at the offices of AM&R.
364. In addition, Fictitious Defendants A, B, C, D, and E are nurses or other staff in the
employ of Alabama Medicine & Rheumatology at the time of the assaults and were in the room
when some of these assaults occurred or were aware of these assaults taking place.
365. Fictitious Party Defendants A, B, C, D, and E directly and indirectly contributed to the emotional and mental turmoil Plaintiffs experienced arising from these sexual assaults through their neglect and negligence.
366. The Alabama Reporting of Child Abuse or Neglect Act, ALA. CODE § 26-14-3, et
seq., (“ARCANA”) requires the following:
All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, employees of public and private institutions of postsecondary and higher education, members of the clergy as defined in RULE 505 of the ALABAMA RULES OF EVIDENCE, or any other person called upon to render aid or medical assistance to any child, when the child is known or suspected to be a victim of child abuse or neglect, shall be required to report orally, either by telephone or direct communication immediately, and shall be followed by a written report, to a duly constituted authority. (emphasis added)
367. Because of the relationship between Plaintiffs and Defendants, Defendants had an
obligation and duty under the ARCANA not to hide material facts and information about Dick’s
past and his deviant sexual behavior and propensities. Additionally, Defendants had an affirmative
duty under the ARCANA to inform, warn, and institute appropriate protective measures to
safeguard women who were reasonably likely to come in contact with Dick. Defendants willfully
37 DOCUMENT 136
refused to notify, give adequate warning, and implement appropriate safeguards, thereby creating the peril that ultimately damaged Plaintiffs.
368. Finally, AM&R was or should have been aware of the pattern of conduct that Dick
has perpetuated with his female patients for over ten years.
369. AM&R should have dismissed Dick on these grounds or otherwise taken steps to
prevent his continued assault of patients. Plaintiffs seek damages for their mental anguish from the
responsible and negligent Defendants and for payments made for treatment that was not delivered
in a fashion which passes without exception in the Decatur community.
370. As of the time of this filing, Dick has been found guilty on three charges of sexual
harassment. Other criminal charges against Dick are still pending.
371. Since the filing of the original complaint, Plaintiffs have been informed by credible
sources that Dick may have placed video surveillance cameras in the women’s restrooms and
perhaps in AM&R’s exam rooms as well, so as to record Plaintiffs on video in various states of
undress.
372. On October 11, 2018, based on numerous complaints, the Alabama Board of
Medical Examiners & Medial Licensure Commission of Alabama (the “Medical Board”)
suspended Dick’s license to practice medicine in the State of Alabama.
373. On March 30, 2019, Dick was arrested on a felony charge of Sexual Abuse in the
1st degree. He is now out on bond.
CLASS ACTION ALLEGATIONS
374. This is a class action properly maintained under RULE 23(a) and (b)(2) the
ALABAMA RULES OF CIVIL PROCEDURE.
375. The Putative Classes are defined as follows:
38 DOCUMENT 136
a) All minor and incompetent patients of Michael Dick and/or Alabama Medicine & Rheumatology, Inc. who were sexually assaulted and/or their image recorded in a state of undress by Dr. Michael Dick in the last six (6) years (the “Minors’ Class”);
and
b) All patients of Michael Dick and/or Alabama Medicine & Rheumatology, Inc. who were sexually assaulted and/or their image recorded in a state of undress by Dr. Michael Dick in the last ten (10) years (the “Unjust Enrichment Class”).
376. Plaintiffs bring this action in their individual capacity and on behalf of the Classes of persons, as defined above, and specifically exclude all currently sitting justices, judges, magistrates of the United States and/or the State of Alabama, their current spouses, all persons within the third degree of relationship to such justices, judges or magistrates and their spouses and class counsel and their families, who would otherwise be included in one of the putative Classes.
377. Members of each of the putative Classes are so numerous that joinder is impracticable. The Classes may consist of hundreds given the number of persons sexually harassed by Michael Dick and/or who paid co-pays to Alabama Medicine & Rheumatology, Inc. and may have been sexually assaulted by Dick.
378. Further, upon present information and belief, Defendants were covered by an applicable insurance policy(ies) at the time of the incident made the basis of this matter. This policy(ies) will be insufficient to grant all putative Classes members an award of compensatory damages which would make them whole. As such the Classes are, by nature, Limited Fund.
379. There are questions of law and/or fact common to the Classes which predominate over individual questions. These common questions include, but are not limited to, the following:
a. Whether and to what extent Defendant Dick sexually assaulted a variety of persons, both adults and minors;
b. When Alabama Medicine & Rheumatology, Inc. and/or Fictitious
39 DOCUMENT 136
Party Defendants A, B, C, D, and E first learned that Defendant Dick was a danger to its/their customers;
c. Whether Defendant Alabama Medicine & Rheumatology, Inc. failed to perform a background check on Defendant Dick before hiring him and placing him in the company of vulnerable persons and minors;
d. Whether Defendant Alabama Medicine & Rheumatology, Inc. failed to properly train Defendant Dick to not sexually abuse minors and/or Fictitious Party Defendants A, B, C, D, and E to report sexual abuse of minors under the ARCANA;
e. Whether Defendant Alabama Medicine & Rheumatology, Inc. failed to properly supervise Defendant Dick and/or Fictitious Party Defendants A, B, C, D, and E;
d. Whether Defendant Alabama Medicine & Rheumatology, Inc. failed to properly retain Defendant Dick once learning of his illegal actions with respect to his assault on minors and adults and others in the facilities to which he was assigned;
e. Whether Plaintiffs and the Class are entitled to declaratory determination that Defendants’ actions are illegal and violate, inter alia, the ARCANA;
f. Whether the Classes, as defined, are entitled to equitable relief; and
g. Whether Defendants should be required to pay the putative Class Members compensatory damages.
380. Because Defendant Dick acted against a number of minors and others, the claims of the named Plaintiffs are typical of the claims of the members of the putative Classes.
381. Because Defendants’ actions affected all members of the putative Class in a substantially-identical way, a class action is superior to other methods of adjudication.
382. The Insurance Policy(ies) in question constitutes a limited fund available to compensate Plaintiffs and Class Members. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. Absent a class action, Plaintiffs and the
Class Members may not receive an equitable division of the insurance policies.
40 DOCUMENT 136
383. Class action treatment will permit a large number of similarly-situated patients and
others who were assaulted by Dick to prosecute their common claims in a single forum,
simultaneously, efficiently, and without the unnecessary duplication of evidence, effort, time and
expense that would be required in numerous individual actions.
384. Plaintiffs seek declaratory and additional injunctive relief, including, but not
limited to, imposition of an injunction, and, to the extent Class members cannot be located cy pres
distribution of damages.
385. Plaintiffs do not have interests adverse to the interest of the Class, they will fairly
and adequately represent the interest of the Class and they will vigorously prosecute this action on
behalf of the absent Class members.
386. Counsel for the named Plaintiffs have no interest adverse to the interest of the Class
and will vigorously prosecute this action. Plaintiffs have chosen counsel who are competent and
experienced in the prosecution of class actions.
CAUSE OF ACTION
Count I
Negligent and/or Wanton Assault
(On behalf of all Group B Plaintiffs against Defendants Michael Dick, AM&R via respondeat superior, and Fictitious Parties)
387. Paragraphs 1 through 386 are incorporated herein as if set out in full.
388. Dick assaulted Plaintiffs by causing offensive and unwanted contact and thereby committed a “trespass to person” as the phrase is used in ALA. CODE § 6-2-34(1).
41 DOCUMENT 136
389. During the periods that Group B Plaintiffs were present in the offices of Alabama
Medicine & Rheumatology, Inc, Dick, while acting within the line and scope of his employment with AM&R, wrongfully brought about harmful and offensive contact to Plaintiffs’ persons.
390. On one or more occasions, Group B Plaintiffs expressed their discomfort and unhappiness with the harmful and offensive contact to Dick, who failed on one or more occasions to cease the harmful and offensive contact.
391. On one or more occasions, Fictitious Party Defendants A, B, C, D, and E and
AM&R were present for or aware of the activities described herein and failed to take any action to
terminate or correct said activities thereby enabling Dick’s assault on the Group B Plaintiffs.
392. As a direct and proximate result of the unreasonable and illegal actions of Dick,
AM&R, and Fictitious Party Defendants A, B, C, D, and E, the Group B Plaintiffs have suffered
from physical and mental anguish and severe emotional distress.
WHEREFORE, the above premises considered, the Group B Plaintiffs demand judgment
for compensatory and punitive damages against Michael Dick, Alabama Medicine &
Rheumatology, and Fictitious Party Defendants A, B, C, D, and E in an amount within the
jurisdiction of this Court, together with costs, interest and all other relief, including equitable, that
this Court deems justified and proper.
Count II
Invasion of Privacy
(On behalf of all Group A Plaintiffs against Michael Dick, AM&R via respondeat superior, and Fictitious Party Defendants)
393. Paragraphs 1 through 386 are incorporated herein as if set out in full
42 DOCUMENT 136
394. Dick invaded Group A Plaintiffs’ privacy by causing multiple physical intrusions and upon information and belief, caused video recordings of Group A Plaintiffs in various stages of undress.
395. During the periods that the Group A Plaintiffs were in Dick presence or were present in the offices of AM&R, Dick, while acting within the line and scope of his employment with AM&R, wrongfully pried or intruded into Group A Plaintiffs’ private activities, affairs, and seclusion.
396. The nature of the intrusions referred to herein was so outrageous as to cause mental suffering, shame, and/or humiliation to a person of ordinary sensibilities.
397. On one or more occasions, Fictitious Party Defendants A, B, C, D, and E and
AM&R were present for or aware of the activities described herein and failed to take any action to terminate or correct said activities.
398. As a direct and proximate result of the unreasonable and illegal actions of Dick,
AM&R, and Fictitious Party Defendants A, B, C, D, and E, Plaintiffs have suffered from physical and mental anguish and severe emotional distress thereby enabling Dick’s invasion into the Group
A Plaintiffs’ privacy.
WHEREFORE, the above premises considered, Group A Plaintiffs demand judgment for compensatory and punitive damages against Michael Dick, Alabama Medicine & Rheumatology, and Fictitious Party Defendants A, B, C, D, and E in an amount within the jurisdiction of this
Court, together with costs, interest and all other relief, including equitable, that this Court deems justified and proper.
43 DOCUMENT 136
Count III
Intentional Infliction of Emotional Distress (a.k.a. Tort of Outrage)
(On behalf of all Group A Plaintiffs against Michael Dick, AM&R via respondeat superior, and Fictitious Party Defendants)
399. Paragraphs 1 through 386 are incorporated herein as if set out in full.
400. During the periods that Group A Plaintiffs were in the presence of Dick or were
present in the offices of AM&R, Group A Plaintiffs were subjected to conduct so outrageous in
character and so extreme in degree as to go beyond all possible bounds of decency as to be regarded
as atrocious and utterly intolerable in a civilized community.
401. The actions referred to herein were intended on the part of Dick, acting within the
line and scope of his employment with AM&R, to cause Group A Plaintiffs to suffer severe
emotional distress, or were done with reckless disregard as to the effect of such conduct.
402. On one or more occasions, Fictitious Party Defendants A, B, C, D, and E and
AM&R were present for or aware of the activities described herein and failed to take any actions to terminate or correct said activities thereby enabling Dick’s behavior.
403. As a direct and proximate result of the unreasonable and illegal action of Dick,
AM&R, and Fictitious Party Defendants A, B, C, D, and E, Group A Plaintiffs have suffered from physical and mental anguish and severe emotional distress.
WHEREFORE, the above premises considered, Group A Plaintiffs demand judgment for
compensatory and punitive damages against Michael Dick, Alabama Medicine & Rheumatology,
and Fictitious Party Defendants A, B, C, D, and E in an amount within the jurisdiction of this
Court, together with costs, interest and all other relief, including equitable, that this Court deems
justified and proper.
44 DOCUMENT 136
Count IV
Negligence
(On behalf of all Group A Plaintiffs against Michael Dick, AM&R via respondeat superior, and Fictitious Party Defendants)
404. Paragraphs 1 through 386 are incorporated herein as if set out in full.
405. Defendants owed a duty to Group A Plaintiffs to treat them with respect, accord,
and consideration as to any person in a civilized society: to not sexually assault them, allow them
(by way of omission) to become sexually assaulted, to not record them in a state of undress without
informing them that they were being recorded, and to report the sexual abuse of minors under the
ARCANA.
406. Defendants negligently breached this duty to Group A Plaintiffs and as a
consequence, caused Group A Plaintiffs harm.
407. Dick may have been under the mistaken assumption that his sexual advances,
kisses, inappropriate touches, and sexual behavior was welcome and therefore Group A Plaintiffs’ severe emotional distress may have been an unintended consequence of Dick’s actions.
408. As a direct and proximate result of Defendants’ negligence, Group A Plaintiffs have suffered severe mental anguish which was, perhaps, an unintended consequence of Defendants’ negligent actions.
WHEREFORE, the above premises considered, Group A Plaintiffs demand judgment for
compensatory damages against Michael Dick, Alabama Medicine & Rheumatology, and Fictitious
Party Defendants A, B, C, D, and E in an amount within the jurisdiction of this Court, together
with costs, interest and all other relief, including equitable, that this Court deems justified and
proper.
45 DOCUMENT 136
Count V
Recklessness/Wantonness
(On behalf of all Group A Plaintiffs against Michael Dick, AM&R via respondeat superior, and Fictitious Party Defendants)
409. Paragraphs 1 through 386 are incorporated herein as if set out in full.
410. Defendants owed a duty to the Group A Plaintiffs to treat them with respect, accord,
and consideration as to any person in a civilized society: to not sexually assault them, allow them
(by way of omission) to become sexually assaulted, to not record them in a state of undress without
informing them that they were being recorded, and to report the sexual abuse of minors under the
ARCANA.
411. Defendants recklessly and/or wantonly breached these duties to Group A Plaintiffs and as a consequence, caused Group A Plaintiffs’ harm.
412. As a direct and proximate result of Defendants’ recklessness and/or wantonness,
Group A Plaintiffs have suffered severe mental anguish.
WHEREFORE, the above premises considered, Group A Plaintiffs demand judgment for
compensatory and punitive damages against Michael Dick, Alabama Medicine & Rheumatology,
and Fictitious Party Defendants A, B, C, D, and E in an amount within the jurisdiction of this
Court, plus costs of this action, interest and all other relief, including equitable, that this Court
deems justified and proper.
Count VI
Negligent Hiring, Supervision, Training, and Retention
(On behalf of all Group A Plaintiffs against Defendant Alabama Medicine & Rheumatology)
46 DOCUMENT 136
413. Paragraphs 1 through 386 are incorporated herein as if set out in full.
414. AM&R owed a duty to Group A Plaintiffs to properly hire, train, supervise and
retain its employees including Dick and Fictitious Party Defendants A, B, C, D and E.
415. AM&R negligently failed to properly oversee and supervise the actions and conduct
of Dick in his role as an employee of AM&R.
416. AM&R was aware of, or should have been aware of with any due diligence, Dick’s history and continued pattern of harmful and offensive conduct toward invited guests to the premises of AM&R.
417. AM&R negligently failed to terminate Dick and/or Fictitious Party Defendants A,
B, C, D and E’s employment after the pattern of harmful and outrageous conduct became known to it.
418. As a direct and proximate result of AM&R’s negligence, Group A Plaintiffs have
suffered severe mental anguish.
WHEREFORE, the above premises considered, Group A Plaintiffs demand judgment for
compensatory damages against Alabama Medicine & Rheumatology in an amount within the
jurisdiction of this Court, plus costs of this action, interest and all other relief, including equitable,
that this Court deems justified and proper.
Count VII
Violation of ALABAMA DECEPTIVE TRADE PRACTICES ACT
(ALA. CODE 1975 § 8-19-1 et seq.)
(On behalf of all individual Group C Plaintiffs and the Unjust Enrichment Class against Defendant Alabama Medicine & Rheumatology)
419. Paragraphs 1 through 386 are incorporated herein as if set out in full.
47 DOCUMENT 136
420. Alabama Medicine and Rheumatology’s misrepresentations, active concealment,
and failure to disclose Michael Dick’s propensity to sexually assault woman and girls in its
facilities violated the ALABAMA DECEPTIVE TRADE PRACTICES ACT (“ADTPA”) in that AM&R
misrepresented that its services and products were of a particular standard, quality, and/or grade
when they were of another (ALA. CODE § 8-19-5(7)).
421. As previously alleged, Group C Plaintiffs and the putative Unjust Enrichment Class
entered into a contract that required AM&R to provide services as advertised.
422. AM&R knew or should have known that Dick preyed on female victims and engaged in non-consensual sexual behavior with them. This should have been communicated to
Group C Plaintiffs and the putative Unjust Enrichment Class.
423. Further, AM&R actively concealed Dick’s use of video surveillance equipment to record Group C Plaintiffs and the putative Unjust Enrichment Class in various stages of undress.
424. AM&R concealed Dick’s activities and proclivities.
425. The foregoing acts and omissions of the Defendant AM&R were undertaken negligently, willfully, intentionally, or knowingly as part of its routine business.
426. Defendant AM&R’s misrepresentations and omissions were material to Group C
Plaintiffs and the putative Unjust Enrichment Class such that a reasonable person would consider them important in deciding whether to purchase Defendant AM&R’s services, and had Group C
Plaintiffs and the putative Unjust Enrichment Class known the truth, they would have acted
differently.
427. The conduct described herein has tremendous potential to be repeated where other
consumers similarly situated will be treated with the same unscrupulous, unethical, unfair and deceptive acts and practices.
48 DOCUMENT 136
428. As a direct and proximate result of AM&R’s violation of the ADTPA, Group C
Plaintiffs and the putative Unjust Enrichment Class suffered economic damages including, but not
limited to, loss of payments for services which did not include the potential for sexual assault and
being surreptitiously recorded.
429. Group C Plaintiffs and the putative Unjust Enrichment Class learned of the breach
of the ADTPA less than one year ago.
WHEREFORE, the above premises considered, Group C Plaintiffs and the putative Unjust
Enrichment Class demand judgment for compensatory, punitive, and treble damages against
Alabama Medicine & Rheumatology in an amount within the jurisdiction of this Court, plus costs
of this action, attorney fees, interest and all other relief, including equitable and injunctive, that
this Court deems justified and proper.
Count VIII
Civil Conspiracy
(On behalf of all Group A Plaintiffs against Michael Dick, AM&R via respondeat superior, and Fictitious Party Defendants)
430. Paragraphs 1 through 386 are incorporated herein as if set out in full.
431. Defendants entered into a conspiracy to enable and facilitate Dick’s repeated sexual
harassment and sexual assault of female patients of AM&R.
432. Fictitious Party Defendants A, B, C, D, and E, nurses or staff in the employ of Dick and AM&R at the times of these assaults, were present for or aware of Dick’s unwanted, harmful touching toward female patients and fully participated in concealing his behavior thereby enabling same.
433. These employees and AM&R failed to take action to prevent or stop Dick’s actions, allowing him to continue to harm women that they owed a duty to protect.
49 DOCUMENT 136
434. Fictitious Party Defendants A, B, C, D, and E and AM&R concealed Dick’s
activities and proclivity to harass and assault female patients.
435. As a direct and proximate result of this coordinated conspiracy by Defendants,
Group A Plaintiffs have suffered mental anguish and severe emotional distress.
WHEREFORE, the above premises considered, Group A Plaintiffs demand judgment for
compensatory and punitive damages against Michael Dick, Alabama Medicine & Rheumatology,
and Fictitious Party Defendants A, B, C, D, and E in an amount within the jurisdiction of this
Court, plus costs of this action, interest and all other relief, including equitable, that this Court
deems justified and proper.
Count IX Breach of Contract (On behalf of all Group B Plaintiffs against Defendant Alabama Medicine & Rheumatology)
436. Paragraphs 1 through 386 are incorporated herein as if set out in full.
437. Defendant AM&R entered into a contract to provide certain services to Group B
Plaintiffs in a fashion where they would neither be sexually assaulted nor have their likeness
recorded while they were in a state of undress.
438. Group B Plaintiffs performed their duty under the contract by paying Defendant
AM&R for certain services.
439. Defendant AM&R breached the contract by allowing the assaults on Group B
Plaintiffs by Dick of unwanted, harmful touching toward female patients and allowing Dick to
record them in a state of undress.
440. As a direct and proximate result of the breach of contract by Defendants, Group B
Plaintiffs have suffered economic damages.
50 DOCUMENT 136
WHEREFORE, the above premises considered, Group B Plaintiffs demand judgment for compensatory damages against Michael Dick, Alabama Medicine & Rheumatology, and Fictitious
Party Defendants A, B, C, D, and E in an amount within the jurisdiction of this Court, plus costs of this action, interest and all other relief, including equitable, that this Court deems justified and proper.
Count X
Violation of the ALABAMA REPORTING OF CHILD ABUSE OR NEGLECT ACT
(ALA. CODE § 26-14-3 et seq.) (On behalf of Plaintiffs Mary Doe and Mable Moe and the Minors’ Class against Defendants Michael Dick, AM&R, and Fictitious Party Defendants)
441. Paragraphs 1 through 386 are incorporated herein as if set out in full.
442. For over six years, Defendants have had, or been on notice of, their duty to comply with their Mandatory Reporting Obligation to protect minor or incompetent patients.
443. ALABAMA CODE § 26-14-3 (a) states as follows:
All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, employees of public and private institutions of postsecondary and higher education, members of the clergy as defined in RULE 505 of the ALABAMA RULES OF EVIDENCE, or any other person called upon to render aid or medical assistance to any child, when the child is known or suspected to be a victim of child abuse or neglect, shall be required to report orally, either by telephone or direct communication immediately, and shall be followed by a written report, to a duly constituted authority. (emphasis added)
444. Plaintiff Mable Moe was a minor at the time she was assaulted by Dick.
445. Defendants owed a duty to Plaintiffs Mable Moe, Mary Doe, and the Minors’ Class to comply with the mandatory reporting obligation to protect minor or incompetent patients.
51 DOCUMENT 136
446. By failing to report Dick’s assault of Plaintiffs Mable Moe, Mary Doe, and all
others similarly situated members of the Minors’ Class, Defendants violated the mandatory
requirements of the ARCANA.
447. If Defendants had complied with the ARCANA, Plaintiffs, and by extension their
guardians and parents, would have known Dick was a sexual predator fully capable and willing to
sexually assault minors and those most vulnerable owing to debilitated mental condition.
448. As a direct consequence of Defendants’ failure to comply with the ARCANA,
Plaintiffs have suffered harm in the form of, inter alia, severe emotional distress.
WHEREFORE, the above premises considered, Plaintiffs Mable Moe, Mary Doe, and the
Minors’ Class demand an injunction against Defendants that they comply with the reporting
requirements found in the ARCANA, a judgment for compensatory and punitive damages against
Michael Dick, Alabama Medicine & Rheumatology, and Fictitious Party Defendants A, B, C, D,
and E in an amount within the jurisdiction of this Court, plus costs of this action, a reasonable
attorney fee, interest and all other relief, including equitable, that this Court deems justified and
proper.
COUNT XI
Violation of ALA. CODE § 6-5-480 et seq. and § 6-5-540 et seq. Breach of Accepted Standard of Care (On behalf of all Group C Plaintiffs against Defendant Michael Dick and Fictitious Party Defendants A, B, C, D, and E) 449. Paragraphs 1 through 386 are incorporated herein as if set out in full.
450. On the dates and in the manner specifically alleged herein, Defendant Michael
Dick’s actions with regard to medical services and treatment provided to Plaintiffs fell below the applicable standard of care in that Dr. Dick harassed and/or assaulted Plaintiffs, in contrast to the reasonable care, diligence, and skill as other health care providers in the same general
52 DOCUMENT 136
neighborhood, and in the same general line of practice, ordinarily would have had and exercised
in a like case.
451. On the specific dates alleged herein, Dick preformed the various specific actions
alleged herein constituting harassment and/or assault of Plaintiffs while Plaintiffs were under his
care.
452. Dick’s breach of the standard of care led to physical and emotional damage to
Plaintiffs.
453. On the dates and in the manner specifically alleged herein, Fictitious Party
Defendant A, B, C, D, and E’s acts and omissions with regard to medical services and treatment provided to Plaintiffs, fell below the accepted standard of care in that Fictitious Party Defendants
A, B, C, D, and E failed to exercise such care, diligence, and skill as other health care providers in the same general neighborhood, and in the same general line of practice, ordinarily would have had and exercised in a like case.
454. On the dates alleged herein, Fictitious Party Defendants A, B, C, D, and E were
acting in their unknown roles, presumed to be Registered Nurses (RN) or Certified Registered
Nurse Practitioners (CRNP).
455. Fictitious Party Defendants A, B, C, D, and E failed to prevent Dick from harassing
and/or assaulting Plaintiffs while Plaintiffs were under their care and/or failed to stop the
harassment and assault while it was taking place.
456. Fictitious Party Defendants’ breach of the standard of care resulted in physical and
emotional harm to Plaintiffs.
WHEREFORE, the above premises considered, Group C Plaintiffs demand all damages
permitted by law, including punitive damages, against Defendant Michael Dick and Fictitious
53 DOCUMENT 136
Party Defendants A, B, C, D, and E in an amount determined fair, just, and adequate by a jury,
plus all recoverable costs, fees, and expenses together with such other, further, and different relief,
including equitable that this Court may deem just and proper.
COUNT XII Unjust Enrichment (On behalf of all Group C Plaintiffs and the Unjust Enrichment Class against Defendant Alabama Medicine & Rheumatology)
457. Paragraphs 1 through 386 are incorporated herein as if set out in full.
458. Defendant AM&R received payments from or on behalf of Group C Plaintiffs and
the Unjust Enrichment Class for certain services it was to have provided.
459. To the extent Defendant AM&R retains the payment received from Group C
Plaintiffs and the Unjust Enrichment Class, its retention of such proceeds (or any other benefit received) also constitutes an unjust and unreasonable retention of monies belonging to Group C
Plaintiffs and the Unjust Enrichment Class.
460. All funds so held should be the subject to the dictates of equity.
WHEREFORE, Group C Plaintiffs and the Unjust Enrichment Class respectfully request
an Order from this Court directing the Defendants to perform an equitable accounting of all monies
retained as a result of the actions described herein, create a constructive trust over said funds and
disgorge the res of said constructive trust to Group C Plaintiffs and the Unjust Enrichment Class
via resulting restitution, cy pres if necessary, together with costs of this action, a reasonable
attorney fee, interest and all other relief, including equitable, that this Court deems justified and
proper.
54 DOCUMENT 136
JURY DEMAND
Plaintiffs, the Minors’ Class, and the Unjust Enrichment Class continue to demand trial by jury on all issues triable at law.
Respectfully submitted this the 16th day of July, 2019.
s/ Eric J. Artrip Teri Ryder Mastando (NIC023) Eric J. Artrip (ART001) MASTANDO & ARTRIP, LLC 301 Washington St., Suite 302 Huntsville, Alabama 35801 Telephone: (256) 532-2222 Facsimile: (256) 513-7489 [email protected] [email protected]
Nick Lough (LOU005) THE LOUGH FIRM 223 Eastside Square Huntsville, Alabama 35801 Telephone: (256) 432-7473 [email protected]
Marcus Helstowski (HEL024) MCDANIEL & MCDANIEL, LLC 223 Eastside Square Huntsville, Alabama 35801 Telephone: (256) 534-3018 Facsimile: (256) 534-8117 [email protected]
55 DOCUMENT 136
CERTIFICATE OF SERVICE
I hereby certify that on this the 16th day of July, 2019, I electronically filed the foregoing with the Clerk of Court and have served a copy of same upon the following by electronic service, by facsimile or by placing a copy of same in the United States mail, postage prepaid and properly addressed.
Joel A. Williams, Esq. FRIEDMAN, DAZZIO, ZULANAS & BOWLING, P.C. 3800 Corporate Woods Drive Birmingham, AL35242 [email protected]
Earl T. Forbes, Esq. WILMER & LEE, P.A. 100 Washington Street, Suite 200 Post Office Box 2168 Huntsville, Alabama 35804 [email protected]
s/ Eric J. Artrip Eric J. Artrip
56