David A.

Cutt (5937)
EISENBERG GILCHRIST & CUTT
900 Parkside Tower
215 South State Street
Salt Lake City, Utah 84111
Telephone: (801) 366-9100
Facsimile: (801) 350-0065

Attorneys for Plaintiffs

IN THE SECOND JUDICIAL DISTRICT COURT - FARMINGTON

DAVIS COUNTY, UTAH

ZELDA HUTCHEON, COMPLAINT AND JURY DEMAND

Plaintiff, (TIER 3)

vs.
Case No. _________________
KENNETH SIO and SYRACUSE RTC,
LLC, d/b/a ELEVATIONS RTC, Judge: ___________________

Defendants.

Plaintiff Zelda Hutcheon, by and through counsel, hereby complains against Defendants

and, for causes of action, alleges as follows:

PARTIES, JURISDICITON & VENUE

1. Plaintiff Zelda Hutcheon is an individual residing in the State of Washington.

2. Defendant Kenneth Sio is an individual residing in Davis County, Utah.

3. Defendant Syracuse RTC, LLC is an Oregon limited liability company doing

business in Davis County, State of Utah as Elevations RTC.

4. The events that give rise to this Complaint took place in Davis County, Utah.
 5. The Parties have complied with the pre-litigation requirements of the Utah Health

Care Malpractice Act, Utah Code § 78B-3-401 et seq.

6. This Court has jurisdiction over this action pursuant to Utah Code § 78A-5-102.

7. Venue is proper in this Court pursuant to Utah Code § 78B-3-307.

FACTUAL ALLEGATIONS

8. Defendant Syracuse RTC, LLC (“Syracuse”) owns and operates Elevations RTC

(“Elevations”), a residential treatment center for “troubled teens” located in Syracuse, Utah.

9. At all relevant times, Defendant Kenneth Sio (“Sio”) was a staff member and

employee of Elevations and Syracuse.

10. Plaintiff was admitted as a patient to Elevations on June 15, 2015. Plaintiff was

15 years old and had a history of sexual abuse.

11. The staff at Elevations lacked the proper knowledge, training and experience to

care for Plaintiff in a safe and effective manner. As a result, Plaintiff was repeatedly subjected to

physical restraints and other physically and emotionally abusive treatment. Elevations also

failed to provide Plaintiff with appropriate psychiatric care and medication management.

12. On October 6, 2015, Sio was working as a staff member at Elevations. Sio

violently grabbed Plaintiff and slammed her to the floor. As a result, Zelda sustained a traumatic

brain injury, skull fracture, and permanent injury to her fourth cranial nerve resulting in

permanent disfigurement of her eye and impaired vision.

13. Despite showing obvious indications of a head injury (including headaches,

nausea, vomiting and double vision), Defendants failed to diagnose or treat Plaintiff’s injuries for

approximately six days.

2
 14. Defendants also failed to document the incident in which Sio injured Plaintiff.

15. It was not until after Plaintiff was diagnosed with a brain injury and admitted to

the hospital that Defendants created a report on the incident involving Sio, and the report is

backdated. Moreover, Defendants backdated numerous records and reports on Plaintiff.

Syracuse and Elevations also instructed its employees not to report or discuss the incident

involving Sio.

16. As a result of her injuries, Plaintiff has suffered, and will continue to suffer,

economic damages including, without limitation, past and future medical and care expenses, loss

of wages, loss of earning capacity, and loss of the ability to provide household services.

17. Plaintiff has also suffered, and will continue to suffer, non-economic damages

resulting from physical and emotional pain and disability, and loss of the enjoyment of life.

FIRST CAUSE OF ACTION

(Negligence – Sio)

18. Sio owed a duty of care to Plaintiff, including a duty to comply with the standard

of care applicable to staff members at residential treatment centers.

19. Sio breached his duties to Plaintiff, without limitation, as follows

A. Failing to use the safest and least restrictive method of restraining

Plaintiff;

B. Using improper and overly aggressive physical tactics on Plaintiff which

caused Plaintiff to crash to the floor and hit her head;

C. Failing to appropriately document the incident in which Plaintiff was

injured; and

D. Failing to report that Plaintiff hit her head and ensure that she received
proper evaluation and treatment.

3
 20. Sio’s conduct constituted negligence which was the proximate cause of Plaintiff’s

injuries and damages.

SECOND CAUSE OF ACTION

(Vicarious Liability– Syracuse and Elevations)

21. Sio was an employee of Syracuse and Elevations and was acting in the course and

scope of his employment when he negligently injured Plaintiff.

22. Syracuse and Elevations are liable for Sio’s negligence under the doctrine of

respondeat superior.

THIRD CAUSE OF ACTION

(Negligent Hiring and Retention – Syracuse and Elevations)

23. Syracuse and Elevations owed a duty to exercise reasonable care in the hiring and

retention of employees, including Sio. This duty was especially important with respect to staff

members like Sio who would be working around minors who were particularly vulnerable due to

mental health issues.

24. Syracuse and Elevations’ duty included, without limitation, performing complete

background checks and monitoring employees to ensure that they were appropriately suited to

work with the patients at Elevations.

25. Syracuse and Elevations breached their duties in hiring and retaining Sio. A

competent assessment of Sio would have revealed that he was not appropriately suited to work

with the patients at Elevations.

26. Syracuse and Elevations’ breaches constituted negligence which was a proximate

cause of Plaintiff’s injuries and damages.

4
 FOURTH CAUSE OF ACTION
(Negligence – Syracuse and Elevations)

27. Syracuse and Elevations owed a duty to comply with the standard of care

applicable to residential treatment centers for minors.

28. Syracuse and Elevations breached their duties, without limitation, as follows:

A. Failing to properly evaluate Plaintiff for admission;

B. Admitting and maintaining Plaintiff as a patient despite her requiring a level

of care that Elevations was incapable of providing;

C. Failure to provide appropriate psychiatric evaluation, care and medication

management to Plaintiff;

D. Failure to provide appropriate behavioral management and therapy to

Plaintiff;

E. Failure to have sufficient staff members;

F. Failure to employ staff with adequate training and experience;

G. Failing to provide Plaintiff was medical care for at least six days despite

obvious signs of a head injury

H. Failing to properly document the subject incident;

I. Failure to properly create and maintain records, including backdating records

and reports.

29. Syracuse and Elevations’ breaches constituted negligence which was a proximate

cause of Plaintiff’s injuries and damages.

5
 PRAYER FOR RELIEF

WHEREFORE, Plaintiff seeks judgment against Defendants as follows:

a. For past and future economic losses in an amount to be proven at trial.

b. For non-economic losses in an amount to be proven at trial;

c. For punitive damages based on Defendants’ knowing and reckless disregard

for the safety of its patients;

d. For costs of suit, pre- and post-judgment interest, and attorneys’ fees as

provided by law; and

e. For such further relief as the court deems just and proper.

TIER DESIGNATION

Pursuant to Utah Rules of Civil Procedure 8(a) and 26(c)(3), this matter falls under Tier 3

and should be permitted discovery pursuant to Tier 3.

JURY DEMAND

Plaintiff hereby requests a trial by jury on all issues that may be tried to a jury.

DATED this 16th day of August, 2018.

EISENBERG, GILCHRIST & CUTT

/s/ David A. Cutt

David A. Cutt
Attorneys for Plaintiff