Received for Filing Oakland County Clerk 2015 MAR 27 AM 10:27 This case has been designated as an eFiling case. To review a copy of the Notice of Mandatory eFiling visit www.oakgov.comiclerkrodiefiling STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND DOREEN TRINITY, Next Friend of Morgan Trinity, a Minor, Plaintiff, Case No.: 18-446055~ NI ce Hon, JUDGE GRANT EASTERN MICHIGAN DISTRICT CHURCH OF THE NAZARENE, d/b/a WATER'S EDGE CAMP, RODGERS LEWIS, RACHEL DONNELLY, EASTERN MICHIGAN DISTRICT CHURCH OF THE NAZARENE, DISTRICT CENTER, d/b/a EASTERN MICHIGAN DISTRICT. ADVISORY BOARD — CHURCH OF THE NAZARENE, WALLED LAKE CONSOLIDATED SCHOOL DISTRICT, WALLED LAKE WESTERN HIGH SCHOOL, JOSEPH BELL, PATRICK DUDZINSKI, WALLED LAKE WESTERN BAND BOOSTERS, INC. and EDIE FITZPATRICK, JOINTLY AND SEVERALLY, Defendants. Scott W. Rooney (P42282) Nemes ROONEY, P.C. Attorneys for Plaintiff 26050 Orchard Lake Rd., Ste. 300 Farmington Hills, MI 48334 P: (248) 442-3300 F: (248) 442.3319 t@ nemesassociates.com ESE EEE eee eeEEEEeeeeeee eeeeEereeeeeaee COMPLAINT AND JURY DEMAND ‘There is no other prior cit action arising out ofthe same transaction or accurence as alleged in the complaint. Beall W. Rooney (P4222)Received for Filing Oakland County Clerk 2015 MAR 27 AM 10:27 NOW COMES Plaintiff, DOREEN TRINITY, Next Friend of Morgan Trinity, a Minor, by and through their counsel Scott W. Rooney and Nemes Rooney, P.C., and for their Complaint, state as follows JURISDICTION 1. The events which are the subject matter of this incident occurred in the County of Oakland, State of Michigan, as well as in the County of Ingham, State of Michigan, 2. That at all times pertinent hereto, Eastern Michigan District Church of the Nazarene, a Michigan corporation, licensed to do and doing business in the State of Michigan, which business was the operation of Water's Edge Camp. 3. That at all times pertinent hereto, Doreen Trinity is the Mother and Next Friend of Morgan Trinity, a Minor. 4, That at all times pertinent hereto. Morgan Trinity was a student at Walled Lake Consolidated Schoo! District - Walled Lake Western High School. 8. That atall times pertinent hereto, Rodgers Lewis and Rachel Donnelly were agents, servants, and/or employees of the Defendant Eastern Michigan District Church of the Nazarene, d/b/a Water's Edge Camp hereinafter referred to as “Camp.” 6. That atall times pertinent hereto, Defendant herein, Walled Lake Consolidated School District operated as a governmental entity and operated Walled Lake Western High School and did employ Patrick Dudzinski, as agent, servant and/or employee while acting as the Water's Edge Camo.Received for Filing Oakland County Clerk 2015 MAR 27 AM 10:27 7. That at all times pertinent hereto, Plaintiff, Morgan Trinity, sustained injuries and damages well in excess of $100,000.00, exclusive of interest, costs and attorney foes. 8. That at all times pertinent hereto, Edie Fitzpatrick was a resident of the County of Oakland, State of Michigan and did, along with Patrick Dudzinski, operate a booster club, known as Walled Lake Western Band Booster, Inc., for the benefit of Walled Lake Western High School Band and did act in an advisory role while members of the Walled Lake Western Band attended the Defendant-Camp and did operate as a chaperone for the school and band at its camp outing and the Booster Club, not acting as school employees, but rather for the purposes of raising monies. 9. That atall times pertinent hereto, the Defendant-Church operated the Camp by charging fees to entities including the Walled Lake Western High School Band to take part in a Band Camp and did provide. oversee and take part in providing facilities for members of the Band and students of Walled Lake Western High School to participate in said Band camp. 10. That at al times pertinent hereto, the Defendant-Camp and Defendant- Church did operate a camp with representation that they would provide medical care and treatment to individuals who attended the Camp including minors such as the Plaintiff, Morgan Trinity. 11. That as a result of the negligence and gross negligence of each of the individuals listed hereinabove and hereinafter, Plaintiff-Minor, Morgan Trinity, sustained injuries and damages for which she has suffered a permanent disability and for which1g Oakland County Clerk 2015 MAR 27 AM 10:27 5 3 g 3 8 3 x medical expenses are in excess of $100,000.00 exclusive of interest, costs or attorney fees. 12, That this Court has jurisdiction as a result of the injuries and damages sustained herein as set forth hereinabove. COUNT |- NEGLIGENCE OF DEFENDANT-CHURCH/DEFENDANT-CAMP 13, Plaintiffs hereby reincorporate and reallege Paragraphs 1 through 12 as if restated herein verbatim word for word, paragraph by paragraph. 14, That at all times pertinent hereto, Defendants, Rodgers Lewis and Rachel Donnelly were agents, servants and/or employees of the Detendant-Church/Defendant- Camp. 15. That at ali times pertinent hereto, Defendants, Rodgers Lewis and Rachel Donnelly, in the course and scope of their employment with the Defendant- Church/Defendant-Camp did owe certain duties and obligations to individuals including the Plaintiff-Minor herein 16. That such duties and obligations as hereinabove referred to included, but were not limited to the following: A. To provide a safe and healthy environment for the students to attend Band camp; B. To provide for proper and adequate medical care and treatment to invitees upon its premises and those who took part in any Camp activities; C. To ensure that proper and adequate medical care and treatment were provided to the Piaintiff-Minor, Morgan Trinity, in light of the knowledge and information given to said Defendants and its employees as the Plaintiff-MinorReceived for Filing Oakland County Clerk 2015 MAR 27 AM 10:27 was diabetic and required immediate medical attention for any injuries or damages which she may sustain due to the risk of infection: D. To immediately and in a timely manner contact the Plainti-Minor's Mother in the event of injury or damage so as to ensure that proper and adequate medical care and treatment was rendered to the Plaintitf-Minor in light of her pre-existing medical condition; E. To ensure that the Plaintif-Minor, who was suffering from @ pre-existing condition of diabetes would be provided with proper and adequate evaluation, monitoring and treatment of any injuries such that any injuries sustained on the premises would not become infected and thereby result in a severe and permanent disability; and F. Such other duties and obligations as may be identified throughout the course of discovery. 17. That the Defendants, Rodgers Lewis and Rachel Donnelly, as well as other agents, servants and/or employees of the Defendant-Church/Defendant-Camp did breach each and every one of the aforementioned duties such that the Plaintiff-Minor, Morgan Trinity, on or about August 6, 2012, while attending the Band camp at Defendant-Camp/Defendant-Church suffered an Injury to her leg and buttocks which required examination and treatment. 18. Plaintiff-Minor presented to Defendant Rachel Donnelly, as well as Edie Fitzpatrick and Patrick Dudzinski with a request for medical attention. 19. That at that time, Plaintif-Minor was given a band aid and no further medical care or treatment was provided,1g Oakland County Clerk 2015 MAR 27 AM 10:27 Received for Fil 20. That a medical log of the Defendant-Camp registered that on August 6, 2012, Plaintiff-Minor, Morgan Trinity, fell sustaining burns and injuries to her knees. The record reflects that no treatment was rendered. 21. That again on August 7, 2012, Plaintiff-Minor, Morgan Trinity, reported as having a bloody nose, as well as pus emanating from the wound on her knees. Yet, no medical care or treatment was rendered other than pressure on the bloody nose. 22, That from August 8, 2012 through August 10, 2012, Plaintitf-Minor, Morgan Trinity, continuously complained of fatigue, headaches and increasing fever with no medica! care or treatment rendered and no contact made with Plaintiff-Minor’s parents in light of the fact that the Defendant-Camp/Defendant-Church as well as employees, agents, and/or servants of Walled Lake Western High School and the Walled Lake Western Band Boosters, Inc. and Edie Fitzpatrick and Patrick Dudzinski had been advised of the pre-existing condition of the Piaintiff-Minor and the necessity for immediate medical care and treatment as well as the necessity of contacting the Plaintitf-Minor's parents. 23. That on or about August 10. 2012, Plaintiff-Minor, Trinity Morgan, was finally given Ibuprofen for a headache, but no antibiotic medication had been provided even though the knee had been clearly infected by that time. 24. That subsequent to leaving the Camp on August 10, 2012, Piaintiff-Minor was taking for medical evaluation and treatment by her Mother. At that time, Plaintift- Minor was noted as having a severe infection of the wound to the knee and antibiotic treatment was provided.Received for Filing Oakland County Clerk 2015 MAR 27 AM 10:27 25. That subsequent to the providing of the antibiotic treatment, the Plaintiff- Minor developed continuing wound pain, an infectious disease process, which escalated and has now rendered the Plaintit Minor medically and physically disabled 26. That as a result of the breach of duties as set forth hereinabove, the Plaintif- Minor has sustained severe pain and suffering from the date of the injury herein and into the future as the infectious process, which was allowed to develop as a result of the acts of the Defendants, has resulted in permanent disability as well as emotional and physical pain and suffering. 27. That as a result of the injuries and damages sustained, proximately caused by the breach of the duties of the Defendants, the Plaintiff-Minor has suffered econor losses; including medical expenses past, present and future and will continue to suffer economic losses including potential future lost wages and loss of earning capacity as a result of the injuries and damages herein. WHEREFORE, Plaintiff-Minor, Morgan Trinity, requests an award as against the Defendant-Camp/Defendant-Church and its agents, servants and/or employees; including Rachel Donnelly and Rodgers Lewis as well as any and all other Defendants which may be identified throughout the course of discovery in an amount in excess of $25,000.00 for the injuries and damages sustained together with interest, costs and attomey fees so wrongfully incurred. COUNT I- LIABILITY OF PATRICK DUDZINSKI AND EDIE FITZPATRICK 28. Plaintiffs hereby reincorporate and reallege Paragraphs 1 through 27 as if restated herein verbatim, word for word, paragraph by paragraph.1g Oakland County Clerk 2015 MAR 27 AM 10:27 g 3 3 2 8 g a 29. That at all times pertinent hereto, Defendants, Patrick Dudzinski and Edie Fitzpatrick were agents, servants and/or employees of the Defendant-School and Defendant School District and Defendant, Walled Lake Western Band Boosters, Inc., @ Michigan corporation, which though not currently licensed, still conducts business as the Walled Lake Western Band Boosters, Inc. 30. That at all times pertinent hereto, Defendants, Patrick Dudzinski and Edie Fitzpatrick in the course and scope of their employment with the Defendant-School and Defendant School District and Walled Lake Western Band Boosters, did owe certain duties and obligations to individuals including the Plainti Minor herein. 31. That such duties and obligations as hereinabove referred to included, but were not limited to the following: A. To provide a safe and healthy environment for the students to attend Band camp: B. To provide for proper and adequate medical care and treatment to invitees upon its premises and those who took part in any Camp activities; C. To ensure that proper and adequate medical care and treatment were provided to the Plaintiff Minor, Morgan Trinity, in light of the knowledge and information given to said Defendants and its employees as the Plaintiff-Minor was diabetic and required immediate medical attention for any injuries or damages which she may sustain due to the risk of infection; D. To immediately and in a timely manner contact the Plaintiff-Minor's Mother in the event of injury or damage so as to ensure that proper and adequate27 3 = = t Si a x = © S x x & 3 2 € 5 a 3 z 2 8 x 3 ° 2 Received for Fil medical care and treatment was rendered to the Plaintiff-Minor in light of her pre-existing medical condition; E. To ensure that the Plaintiff-Minor, who was suffering from a pre-existing condition of diabetes would be provided with proper and adequate evaluation, monitoring and treatment of any injuries such that any injuries sustained on the premises would not become infected and thereby result in a severe and permanent disability; and F. Such other duties and obligations as may be identified throughout the course of discovery. 82, That the Defendants, Patrick Dudzinski and Fitzpatrick, as well as other agents, servants and/or employees of the Defendant-School and Defendant Schoo! District and Walled Lake Western Band Boosters, Inc., did breach each and every one of the aforementioned duties such thet the Plaintiff-Minor, Morgan Trinity, on or about August 6, 2012, while attending the Band camp at Defendant-Camp/Defendant-Church suffered an injury to her leg and buttocks which required examination and treatment. 33. Plaintiff-Minor presented to Defendant E fie Fitzpatrick, Patrick Dudzinski and Rachel Donnelly with a request for medical attention 34, That at that time, Plaintif-Minor was given a band aid and no further medical care or treatment was provided. 35. That a medical log of the Defendant-Camp registered that on August 6, 2012, Plaintiff-Minor, Morgan Trinity, fell sustaining bums and injuries to her knees. The record reflects that no treatment was rendered,27 1g Oakland County Clerk 2015 MAR 27 AM 10: 5 2 8 $ 8 8 “ 36. That again on August 7, 2012, Plaintiff-Minor, Morgan Trinity, reported as having @ bloody nose, as well as pus emanating from the wound on her knees. Yet, no medical care or treatment was rendered other than pressure on the bloody nose. 37. That from August 8, 2012 through August 10, 2012, Plaintiff-Minor, Morgan Trinity, continuously complained of fatigue, headaches and increasing fever with no medical care or treatment rendered and no contact made with Plaintif-Minor's parents in light of the fact that the Defendant School, Defendant School District and Walled Lake Western Band Boosters, inc., as well as employees, agents, and/or servants of Walled Lake Westem High School and Edie Fitzpatrick and Patrick Dudzinski had been advised of the pre-existing condition of the Plaintiff-Minor and the necessity for immediate medical care and treatment as well as the necessity of contacting the Plaintiff-Minor's, parents, 38. Thal on or about August 10, 2012, Plaintitf-Minor, Trinity Morgan, was finally given Ibuprofen for a headache, but no antibiotic medication had been provided 39. That subsequent to leaving the Camp on August 10, 2012, Plaintiff-Minor was taking for medical evaluation and treatment by her Mother. At that time, Plaintiff- Minor was noted as having a severe infection of the wound to the knee and antibiotic treatment was provided. 40. That subsequent to the providing of the antibiotic treatment. the Plaintiff- Minor developed continuing wound pain, an infectious disease process, which escalated and has now rendered the Plaintif-Minor medically and physically disabled 41, That as a result of the breach of duties as set forth hereinabove, the Plaintif- Minor has sustained severe pain and suffering from the date of the injury herein and into 41027 ed for Filing Oakland County Clerk 2015 MAR 27 AM 10: Rect the future as the infectious process, which was allowed to develop as a result of the acts of the Defendants, has resulted in permanent disability as well as emotional and physical pain and suffering. 42, That as a result of the injuries and damages sustained, proximately caused by the breach of the duties of the Defendants, the Plaintiff-Minor has suffered economic losses; including medical expenses past, present and future and will continue to suffer economic losses including potential future lost wages and loss of earning capacity asa result of the injuries and damages herein, WHEREFORE, Plaintitf-Minor, Morgan Trinity, requests an award as against the Defendants Patrick Dudzinski and Edie Fitzpatrick and Defendant School and Defendant Schoo! District and their agents, servants and/or employees; including Rachel Donnelly and Rodgers Lewis as well as any and all other Defendants which may be identified throughout the course of discovery in an amount in excess of $25,000.00 for the injuries and damages sustained together with interest, costs and attorney fees so wrongfully incurred COUNT Ill - LIABILITY OF WALLED LAKE CONSOLIDATED SCHOOL DISTRICT ~ WALLED LAKE WESTERN HIGH SCHOOL 43, Plaintiffs hereby reincorporate and reallege Paragraphs 1 through 42 as if restated herein verbatim word for word, paragraph by paragraph. 44, That at all times pertinent hereto, Defendants, Patrick Dudzinski and Edie Fitzpatrick were agents, servants and/or employees of the Defendant School and Defendant School District and Walled Lake Western Band Boosters, Inc. "11g Oakland County Clerk 2015 MAR 27 AM 10:27 45. That at all times pertinent hereto, Defendant, Patrick Dudzinski, was in the ‘course and scope of his employment with the Defendant School and Defendant Schoo! District and did owe certain duties and obligations to individuals including the Plaintift- Minor herein, 46. That such duties and obligations as hereinabove referred to included, but were not limited to the following: ‘A. To provide a safe and healthy environment for the students to attend Band camp: B. To provide for proper and adequate medical care and treatment to invitees upon its premises and those who took part in any Camp activities; C. To ensure that proper and adequate medical care and treatment were provided to the Plaintiff-Minor, Morgan Trinity. in light of the knowledge and information given to said Defendants and its employees as the Plaintiff-Minor was diabetic and required immediate medical attention for any injuries or damages which she may sustain due to the risk of infection; D. To immediately and in a timely manner contact the Plaintiff-Minor's Mother in the event of injury or damage so as to ensure that proper and adequate medical care and treatment was rendered to the Plaintiff-Minor in light of her pre-existing medical condition; E. To ensure that the Plaintiff-Minor, who was suffering from a pre-existing condition of diabetes would be provided with proper and adequate evaluation, monitoring and treatment of any injuries such that any injuries 12Received for Filing Oakland County Clerk 2015 MAR 27 AM 10:27 sustained on the premises would not become infected and thereby result in a severe and permanent disability; F. To not perform his duties in a grossly negligent manner such that his actions constituted a willful and wanton disregard for the rights and safety of the Plaintiff-Minor; and G. Such other duties and obligations as may be identified throughout the course of discovery. 47. That the Defendants, Patrick Dudzinski and the Defendant School and Defendant Schoo! District did breach each and every one of the aforementioned duties ‘such that the Plaintiff-Minor, Morgan Trinity, on or about August 6, 2012, while attending the Band camp at Defendant-Camp/Defendant-Church suffered an injury to her leg and buttocks which required examination and treatment and were reckless and showed willful and wanton disregard for the Plaintiff-Minor. 48, Plaintiff advised Edie Fitzpatrick, Patrick Dudzinski and those in charge of the Band Camp, before the group lett for the Camp that the Plaintitt-Minor suffered from Diabetes and that as a result, extra precautions had to be taken to protect her against the risk of infection, including the need for wound dressing and care, as well as advising her parents if any injury ocourred and if there was any change in the Plaintiff-Minor's medical condition. 49. Plaintiff-Minor presented fo Defendants Edie Fitzpatrick and Patrick Dudzinski with a request for medical attention on or about August 1, 2012. She was suffering an open wound and bruising to the buttocks. 13ig Oakland County Clerk 2015 MAR 27 AM 10:27 Received for 50. That at that time, Plaintiff-Minor was given a band aid and no further medica! care or treatment was provided which conduct was grossly negligent, in ight of the fact that the Defendants had been advised of the medical condition of the Plaintiff-Minor, her susceptibility to infection, the necessity of immediate and proper medical care and treatment, all of which the defendants represented they understood. 51. That a medical log of the Defendant-Camp registered that on August 6, 2012 Plaintiff-Minor, Morgan Trinity, fell sustaining burns and injuries to her knees, The record reflects that no treatment was rendered. 52. That again on August 7, 2012, Plaintiff-Minor, Morgan Trinity, reported as having a bloody nose, as well as pus emanating from the wound on her knees. She presented to the Defendants with visible signs of infection that should have been recognized by the Defendants. Yet, no medical care or treatment was tendered other than pressure on the bloody nose. 53. That from August 8, 2012 through August 10, 2012, Plaintiff-Minor, Morgan Trinity, continuously complained of fatigue, headaches and increasing fever with no medical care or treatment rendered and no contact made with Plaintiff-Minor's parents in light of the fact that the Defendant-Camp/Defendant-Church as well as employees, agents, and/or servants of Walied Lake Wester High School, Walled Lake Western Band Boosters, inc., Edie Fitzpatrick and Patrick Dudzinski; who had been advised of the pre-existing condition of the Plaintif-Minor and the necessity for immediate medical care and treatment as well as the necessity of contacting the Plaintiff-Minor's parents, such conduct constituting gross negligence and reckless, willful and wanton misconduct. 14Received for Filing Oakland County Clerk 2015 MAR 27 AM 10:27 54. That on or about August 10, 2012, Plaintiff-Minor, Trinity Morgan, was finally given Ibuprofen for a headache, but no antibiotic medication had been provided. Additionally, Defendant Edie Fitzpatrick ordered the Plaintiff-Minor to participate in swimming even though she was already evidencing a wound which was infected and posed a severe risk of continuing infection, 55. That subsequent to leaving the Camp on August 10, 2012, Plaintiff-Minor was taking for medical evaluation and treatment by her Mother. At that time, Plaintiff- Minor was noted as having a severe infection of the wound to the knee and antibiotic treatment was provided '56, That subsequent to the providing of the antibiotic treatment, the Plaintift- Minor developed continuing wound pain, deep-seeded an infectious disease process, which escalated and has now rendered the Plaintitf-Minor medically and physically disabled, 57. The actions and omissions of the Defendants, all of them, proximately caused the Plaintiff-Minor, suffering a pre-existing condition of Diabetes, known to the Defendants, to have to undergo extensive antibiotic treatment, which treatment caused her to develop C-diff, and continuing problems such that the Plaintiff-Minor suffered a severe infectious disease process necessitating the resection of her colon and permanent disability 58. That as a result of the breach of duties as set forth hereinabove, the Plaintitt- Minor has sustained severe pain and suffering from the date of the injury herein and into the future as the infectious process, which was allowed to develop as a result of the 151g Oakland County Clerk 2015 MAR 27 AM 10:27 § 3 8 8 G a acts of the Defendants, has resulted in permanent disability as well as emotional and physical pain and suffering ‘89. That as a result of the injuries and damages sustained, proximately caused by the breach of the duties of the Defendants, the Plaintiff-Minor has suffered economic losses: including medical expenses past, present and future and will continue to suffer economic losses including potential future lost wages and loss of earning capacity as a result of the injuries and damages herein. WHEREFORE, Plaintiff-Minor, Morgan Trinity, requests an award as against the Defendant School and Defendant School District and its agents, servants and/or ‘employees; including Patrick Dudzinski and Edie Fitzpatrick as well as any and all other Defendants which may be identified throughout the course of discovery in an amount in excess of $25,000.00 for the injuries and damages sustained together with interest, costs and attorney fees so wrongfully incurred Respectfully submitted, NEMES ROONEY, P.C. By: /s/ Scott W. Rooney Scott W. Rooney (P42282) Attorney for Plaintiff 26050 Orchard Lake Rd., Ste. 300 Farmington Hills, MI 48334 T: (248) 442-3300 F: (248) 442-3319 scott @ nemesas ciates.co: Dated: March 27, 2015 16Received for Filing Oakland County Clerk 2015 MAR 27 AM 10:27 DEMAND FOR JURY TRIAL NOW COMES Plaintiff, DOREEN TRINITY, Next Friend of Morgan Trinity, a Minor, by and through their counse! Scott W. Rooney and Nemes Rooney, P.C., and hereby demands a trial by jury. Dated: March 27, 2015 Respectfully submitted, NEMES ROONEY, P.C. By: /s/ Scott W. Rooney Scott W. Rooney (P42282) Attorney for Plaintiff 26050 Orchard Lake Rd,, Ste. 300 Farmington Hills, Mi 48334 T: (248) 442-3300 F: (248) 442-3319 scott @remes 7