STATE OF NORTH CAROLINA ) IN THE GENERAL COURT OF JUSTICE

COUNTY OF GASTON ) DISTRICT COURT DIVISION

) 27a
)
JOHN DOE )
Plaintiff )
)
vs. )
)
) COMPLAINT
DOCTOR ROE BOAT )
Defendant )
)

Plaintiff, John Doe, as a patient of the licensed physician, Doctor Roe Boat, complaining of Defendant

Doctor Roe Boat, alleges and says as follows:

PARTIES, JURISDICTION AND VENUE

1. John Doe, patient of licensed physician, Doctor Roe Boat (hereinafter “Plaintiff) is an adult

citizen and resident of Gaston County, North Carolina respectively. Plaintiff is the patient of the

licensed physician Doctor Roe Boat.

2. Doctor Roe Boat (hereinafter “Defendant”) is a licensed physician with its principal place of

business in Gaston County, North Carolina. Defendant’s primary business is a private practice for

back and spine injuries.

3. This action is to recover damages for breach or violation of The Standard of Care while treating

the Plaintiff, compensatory damages, non-economic damages, and punitive damages.

4. The Court has jurisdiction over the parties and the subject matter of this dispute.

5. Venue is proper in Gaston County.

6. The amount in controversy is $250,000 in punitive damages.

FACTUAL ALLEGATIONS
7. On or about May 10, 2020, Plaintiff was sent by his company to Defendant’s office for a work-

related injury. Plaintiff sustained lower back and spine related injury while driving a tractor trailer

for his place of employment. Under the terms of employment agreement workers compensation

was filed.

8. Plaintiff fully performed his duties as an employee to his company by going to the company

physician when appointment was scheduled.

9. Plaintiff went to scheduled physician appointment to see defendant on May 10, 2020, for

complaint of severe lower back pain.

10. Defendant took x-rays of plaintiff’s lower and upper back. After defendant examined the plaintiff

and viewed x-rays, defendant expressed to the plaintiff that it would be safe for him to lift 25

pounds and continue with light activities as normal, knowing of the plaintiff’s sustaining back

injuries, defendant told the plaintiff, he would heal over time, and it was safe for him work and

continue with normal to light activities.

11. Plaintiff complained of severe lower back pain when he takes a step with his left leg to the

defendant. Defendant told the Plaintiff he needed to learn how to live with his injury and deal

with the pain, to suck it up and get over it.

12. Plaintiff left the Defendant’s office and went to the grocery store for a few essential items.

Plaintiff lifted a case of bottled water into his cart and severe pain traveled across his back and

left leg causing the Plaintiff to lock up and not move for about 5 minutes. Plaintiff dropped the

case of water on the floor of the grocery store when the severe pain caused him to lock himself up

and unable to move.

13. After about 5 minutes the Plaintiff could move but with every step, he took he had severe pain in

his lower back and left leg. Plaintiff did not finish shopping or purchase any of the items he

already obtained. He left and went home where he had to lay in bed for a week with the help of

his two children and his parents getting him things he needed, helping him up and down, getting

in and out of the shower, etc.

14. After Plaintiff’s injury that was already sustained through place of employment, he has an

additional injury due to the breach and violation of the Standard of Care by the Defendant.
 FIRST CLAIM FOR RELIEF
(Breach of Duty)

15. Plaintiff restates and realleges the allegations contained in paragraphs 1 through 13 above.

16. Defendant entered into agreement when agreeing to The Standard of Care. Treatment is what a

physician, healthcare provider, etc., provides to a patient to alleviate an ailment, treat disease or

disorder.

17. Plaintiff performed the obligations given by the Defendant.

18. Despite Plaintiff's repeated demands of severe lower back pain, Defendant failed to uphold The

Standard of Care while treating a patient (Plaintiff).

19. Defendant’s failure to fully perform his duties constitutes a breach and violation of The Standard

of Care.

20. As a direct and proximate result of Defendant’s breach and violation directly contributing to

Plaintiff’s injury already sustained, Plaintiff has been damaged in the amount of at least

$250,000, plus compensatory damages, non-economic damages, punitive damages, attorney fees

and late charges/interest from May 10, 2020, until paid.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays the Court for the following relief:

1. Entry of judgment against the Defendant in the amount of $250,000, plus interest at the legal rate

from May 10, 2020, until paid in full, for Defendant’s breach and violation of The Standard of

Care.

2. Entry of an order awarding Plaintiff the costs of this action and Plaintiffs’ reasonable attorney

fees.

3. That the Plaintiff be granted a trial by judge on all issues so triable; and

4. Entry of an order awarding Plaintiff any other remedy that the Court deems just and equitable

under the circumstances.

This the __________ day of October 2022.

THE 123 LAW FIRM, PLLC

________________________
Brittany Bailey
NC Bar #56789
Attorney for Plaintiffs
P.O Box 5678
123 E. Main Blvd.
Gastonia, NC 28056