Https Ecf FLND Uscourts Gov Doc1 04918725698

Case 1:22-cv-00064-RH-GRJ Document 1-1 Filed 03/09/22 Page 3 of 31
Filing# 143672819 E-Filed 02/10/2022 11:42: 12 AM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA
ESTATE OF SHIRLEY COLLINS,

by and through CATHY COLLINS,
Personal Representative,
Plaintiff,
v. CASE NO.: 2.0'2.ZCA000 2 5"}

ST. AUGUSTINE PLANTATION OPERATOR, LLC,
CHG MANAGEMENT ST. AUGUSTINE
PLANTATION, LLC, MILESTONE RETIREMENT
COMMUNITIES, LLC, CAPITAL HEAL TH
GROUP MANAGEMENT, LLC, and
MEGAN GRIFFIN,
Defendants.
________________ /
COMPLAINT
Plaintiff, ESTATE OF SHIRLEY COLLINS, by and through CATHY COLLINS,
Personal Representative, and by and through undersigned counsel, hereby sues Defendants, ST.
AUGUSTINE PLANTATION OPERA TOR, LLC, CHG MANAGEMENT ST. AUGUSTINE
PLANTATION, LLC, MILESTONE RETIREMENT COMMUNITIES, LLC, CAPITAL
HEALTH GROUP MANAGEMENT, LLC, and MEGAN GRIFFIN, and alleges:
Jurisdiction and Venue
1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00).
2. Plaintiff, CATHY COLLINS, Personal Representative of the Estate of SHIRLEY
COLLINS, brings this case on behalf of the Estate and survivors of Shirley Collins, as defined by
the Florida Wrongful Death Act. A copy of her Letters of Administration is attached hereto as
Exhibit "A."
3. Defendant, ST. AUGUSTINE PLANTATION OPERATOR, LLC, is a Delaware
limited liability company, that was active and doing business in the State of Florida.
4. Defendant, ST. AUGUSTINE PLANTATION OPERATOR, LLC, established,
conducted, managed, operated and/or maintained ST. AUGUSTINE PLANTATION during the
period of SHIRLEY COLLINS' residency and at all times material hereto was the licensee of the
assisted living facility pursuant to Chapter 429, Part I, Florida Statutes (although the State of
Florida, Agency for Health Care Administration license errantly displays ST. AUGUSTINE
OPERATOR, LLC as the licensee).. Defendant, ST. AUGUSTINE PLANTATION
OPERATOR, LLC, owed a duty to SHIRLEY COLLINS to exercise reasonable care.
5. Defendant, CHG MANAGEMENT ST. AUGUSTINE PLANTATION, LLC, is a
Delaware limited liability corporation, that was active and doing business in the State of Florida.
6. Defendant, CHG MANAGEMENT ST. AUGUSTINE PLANTATION, LLC,
was, after 9/30/16, substantially involved in the management of, and/or consultation with the
assisted living facility known as ST. AUGUSTINE PLANTATION and had certain oversight
and responsibilities for the overall management of the facility.
7. Defendant, CHG MANAGEMENT ST. AUGUSTINE PLANTATION, LLC,
owed a duty to SHIRLEY COLLINS to exercise reasonable care in its management or consulting
and other activities that pertain to the facility, as described in Chapter 429, Part I, Florida
Statutes.
8. Defendant, MILESTONE RETIREMENT COMMUNITIES, LLC, is a Delaware
limited liability corporation, that was active and doing business in the State of Florida.
9. Defendant, MILESTONE RETIREMENT COMMUNITIES, LLC, was,
beginning on or about 1/1/17, substantially involved in the management of, and/or consultation
with the assisted living facility known as ST. AUGUSTINE PLANTATION, as a sub-manager
through a service agreement with CAPITAL HEALTH GROUP MANAGEMENT, LLC, and
had certain oversight and responsibilities for the overall management of the facility.
10. Defendant, MILESTONE RETIREMENT COMMUNITIES, LLC, owed a duty
to SHIRLEY COLLINS to exercise reasonable care in its management or consulting and other
activities that pertain to the facility, as described in Chapter 429, Part I, Florida Statutes.
11. Defendant, CAPITAL HEALTH GROUP MANAGEMENT, LLC, is a Delaware
limited liability corporation, that was active and doing business in the State of Florida. Pursuant
to §48.181, Florida Statutes, the State of Florida Secretary of State is CAPITAL HEALTH
GROUP MANAGEMENT, LLC'S agent for service of process of this action.
12. Defendant, CAPITAL HEALTH GROUP MANAGEMENT, LLC, was

substantially involved in the management of, and/or consultation with the assisted living facility
known as ST. AUGUSTINE PLANTATION and had certain oversight and responsibilities for
the overall management of the facility, including but not limited to the hiring of various sub-
managers.
13. Defendant, CAPITAL HEALTH GROUP MANAGEMENT, LLC, owed a duty
to SHIRLEY COLLINS to exercise reasonable care in its management or consulting and other
activities that pertain to the facility, as described in Chapter 429, Part I, Florida Statutes.
14. MEGAN GRIFFIN was the Executive Director of ST. AUGUSTINE
PLANTATION during SHIRLEY COLLINS' entire period of residency. MEGAN GRIFFIN
was responsible for the operation and maintenance of ST. AUGUSTINE PLANTATION
including the management of all staff and the provision of appropriate care to all residents
including SHIRLEY COLLINS.

Preliminary Allegations
15. At all times material hereto, SHIRLEY COLLINS, was a person over sixty (60)
years of age who suffered from the infirmities of aging to the extent that she was impaired in her
ability to adequately provide for her own care and protection.
16. Defendants' actions and omissions as described herein resulted in the infliction of
physical and/or psychological injury to the Plaintiff, so as to constitute abuse, neglect and/or
exploitation of the elderly (definitions: as those terms are defined in Chapter 415, Florida
Statutes).
17. Alternatively, Defendants' actions and omissions as herein described could
reasonably be expected to result in physical or psychological injury to SHIRLEY COLLINS, so
as to constitute abuse, neglect and/or exploitation of the elderly (definitions: as those terms are
defined in Chapter 415, Florida Statutes).
Conditions Precedent
18. To the extent the allegations set forth herein fall under the requirements of
§429.294, FLA.STAT.,if at all, Plaintiff has fully complied with pre-suit notice and investigation
requirements therein.
19. By the undersigned signature of the attorney filing this action, Plaintiffs counsel
certifies that he has made a reasonable investigation which gives rise to a good faith belief that
there has been negligence in the care and treatment of SHIRLEY COLLINS, as well as
violations or infringements of the resident rights of SHIRLEY COLLINS by these Defendants,
and that grounds exist for an action against each named Defendant.
Factual Background
20. SHIRLEY COLLINS was first admitted to the facility known as ST.
AUGUSTINE PLANTATION, located at 2507 Old St. Augustine Road, Tallahassee, Leon
County, Florida, on about May 31, 2016, where she remained in the sole custody and control of
these Defendants, and in primary residence (except for intermittent hospitalizations) until
January 18, 2021.
21. At the time of her admission, she had left-sided weakness and expressive
dysphasia caused by a recent stroke, necessitating her need for fall precautions. Additionally,
she was hard of hearing and communicated best by writing.
22. At the time of her admission, she paid $3,500/month, and another $185/month for
an individualized care plan, however, the individualized care plan was never done, or if done, it
was not updated as her needs became better known over the course of time.
23. Although she took daily medications as most people of her years, and although
daily medication observation records are required by standards of care in the industry and the
Florida Administrative Code, SHIRLEY COLLINS' chart at St. Augustine Plantation contains
no daily medication observation records (or MARs, as they are commonly referred to).
24. SHIRLEY COLLINS had a fall on the overnight shift of December 4-5, 2017.
This was at least her 61h fall at the facility under the management of Defendant, GRIFFIN, but
the first to result in broken bones. Ms. COLLINS suffered a fractured left humerus which
required hospitalization, followed by a period of rehab before her return to the St. Augustine
facility on or about December 26, 2017.

25. Despite falls on at least 5 occasions prior to the fall that resulted in a broken ann,
as described above, no written service plan was prepared and/or updated and reflected within the
resident chart.
26. By December of 2018, MS. COLLINS had a suite With a shared bathroom; her
suitemate was a lady suffering from bowel issues which required her to spend excessive time in
their suite's shared bathroom. Defendants made no accommodation for MS. COLLINS, other
than to direct her to seek her own bathroom and toilet relief in the public bathroom of the lobby
when her suite's bathroom was occupied. On December 25, 2018, Ms. COLLINS experienced a
fall in the bathroom in the lobby, where she was eventually found by a passerby.
27. On January 13, 2019, SHIRLEY COLLINS was found to have a large hematoma
on her forehead, the result of a fall. The circumstances surrounding the fall are unknown
because of the lack of documentation, and the fall precautions taken, if any, by the Defendants
and their staff are unknown due to lack of documentation.
28. On Thanksgiving Day, 2019, SHIRLEY COLLINS' daughter visited her mother
who proceeded to complain that "an aide was beating" her and demonstrated with hard slapping
on her legs. Her daughter immediately contacted the Executive Director GRIFFIN who came
several days later to interview MS. COLLINS. During the interview, Ms. COLLINS again
showed how her legs were being hit. GRIFFIN concluded and explained that the aide was
"slapping on her leg, to get her up" and assured the family that the aide had been counseled and
would receive additional training. Although these events are of the nature of potential abuse that
requires notification to DCF, the events were not reported to DCF, and Ms. COLLINS' chart is
completely void of any narrative notes between 11/6/19 and 4/16/20, or any other comment on
this subject.
29. On March 18, 2020, MS. COLLINS' daughter Ginny received a call from staff to
notify her that MS. COLLINS had fallen. When family inquired about her well-being following
this fall, MS. GRIFFIN only reported that no fall "was documented." Throughout the course of
her residency at St. Augustine Plantation, SHIRLEY COLLINS experienced at least 21 falls, all
of which resulted in embarrassment and impugned her dignity, some of which also resulted in
physical injuries, such as skin tears and bruises.
COVID-19 issues:
30. On January 11, 2021, SHIRLEY COLLINS' roommate tested positive for
COVID-19. Although MS. COLLINS had a history of a-fib which placed her at greater risk for
complications, MS. COLLINS was not moved to a safe private or quarantined room but was left
in the room with her COVID-19 positive roommate.
31. St. Augustine Plantation staff failed to adequately monitor SHIRLEY COLLINS
in the days following her roommate's positive diagnosis for COVID-19. Although she tested
negative on multiple occasions, she also predictably contracted COVID-19, a disease known to
be highly contagious.
32. On January 19, 2021, SHIRLEY COLLINS was transferred to Capital Regional
Medical Center (CRMC) where her diagnosis included COVID-19, a urinary tract infection, and
acute kidney injury (the acute kidney injury was most probably due to dehydration). By January
25, 2021, her condition had deteriorated significantly, and the CRMC medical staff
recommended that she be moved to a "comfort measures only" status; after reflection of MS.
COLLINS' desires would have been, her family agreed.

33. On the evening of January 27, 2021, SHIRLEY COLLINS died. Her cause of
death, according to the Death Certificate, was Hypoxic Respiratory Failure due to COVID-19
Infection.
34. If SHIRLEY COLLINS had not been left alone in a small room with a COVID-
positive roommate, more likely than not, she would not have contracted COVID at that time.
35. On information and belief, a COVID-positive employee providing care up and
down the hallway where Ms. COLLINS and her roommate resided was the source of the COVID
spread which is reportedly primarily on that hallway.
COUNTI
Non-Death-Resulting (or Non-Lethal) Damages
Against ST. AUGUSTINE PLANTATION OPERATOR, LLC,
CHG MANAGEMENT ST. AUGUSTINE PLANTATION, LLC,
MILESTONE RETIREMENT COMMUNITIES, LLC, and
CAPITAL HEALTH GROUP MANAGEMENT, LLC
36. Plaintiff realleges and reasserts paragraphs l through 23 and 26 through 35 above,
as if they were set forth fully herein.
37. This is a survival action, for those damages caused by the conduct of these
Defendants, as complained of and described herein, that caused injury or harm to SHIRLEY
COLLINS, but did not cause or significantly contribute to her death.
38. Defendants, ST. AUGUSTINE PLANTATION OPERATOR, LLC, CHG
MANAGEMENT ST. AUGUSTINE PLANTATION, LLC, MILESTONE RETIREMENT
COMMlJNITIES, LLC, CAPITAL HEALTH GROUP MANAGEMENT, LLC, and MEGAN
GRIFFIN had a statutorily mandated responsibility and duty to provide SHIRLEY COLLINS her
statutorily protected residents' rights as set forth in §429.28, Florida Statutes.
39. Defendants and their agents (actual or apparent) and employees had a duty to
exercise reasonable care with regard to their provision of and for SHIRLEY COLLINS'
residents' rights. Further, to the extent nurses were the agents (actual or apparent) or employees
of Defendants and provided for SHIRLEY COLLINS' residents' rights, those nurses had a duty
to exercise that level of care, skill, and treatment which, in light of all relevant surrounding
circumstances, is recognized as acceptable and appropriate by reasonably prudent similar nurses.
40. Defendants' responsibilities to SHIRLEY COLLINS, as outlined above are
nondelegable.
41. Notwithstanding the duties and responsibilities of the Defendants as described
above, Defendants breached their duties of care to SHIRLEY COLLINS by their acts and
omissions which include, but are not necessarily limited to, the following:
a. The failure to take adequate and appropriate safeguards and precautions to protect
SHIRLEY COLLINS from falling;
b. The failure to protect SHIRLEY COLLINS from falling and being injured by falls
in the facility;
c. The failure to provide adequate and appropriate services for SHIRLEY COLLINS
at the facility;
d. The failure to provide timely care and treatment to SHIRLEY COLLINS;
e. The failure to protect SHIRLEY COLLINS from abuse and neglect;
f. The failure to treat SHIRLEY COLLINS with dignity and respect;
g. The failure to provide adequate and appropriate documentation for SHIRLEY
COLLINS in the chart maintained at the facility;
h. The failure to provide a safe and secure environment.
1. The failure to provide adequate and appropriate staffing to meet the needs of
SHIRLEY COLLINS;
j. failing to properly train, schedule and retain staff;
k. failing to protect the dignity of SHIRLEY COLLINS; and
I. failing to protect the privacy of SHIRLEY COLLINS.
42. As a direct and proximate result of the conduct as described above. SHIRLEY
COLLINS suffered injury and harm.
Damages
43. As a direct and proximate result of the negligence of Defendants, SHIRLEY
COLLINS suffered bodily injury and resulting pain and suffering, disability, disfigurement, loss
of capacity for the enjoyment of life, the expense of medical care and treatment, and the
aggravation of preexisting conditions.
WHEREFORE, Plaintiff demands judgment for damages against ST. AUGUSTINE
PLANTATION OPERATOR, LLC, CHG MANAGEMENT ST. AUGUSTINE PLANTATION,
LLC, MILESTONE RETIREMENT COMMUN1TIES, LLC, and CAPITAL HEALTH GROUP
MANAGEMENT, LLC, for all allowable damages, costs, and such other relief as may be
deemed just and proper. Plaintiff further demands a trial by jury.
COUNT II
Alternative Death-Resulting (Legal) Damages
Against
ST. AUGUSTINE PLANTATION OPERA TOR, LLC,
CHG MANAGEMENT ST. AUGUSTINE PLANTATION, LLC,
MILESTONE RETIREMENT COMMUNITIES, LLC, and
CAPITAL HEALTH GROUP MANAGEMENT, LLC
44. Plaintiff realleges and reasserts paragraphs 1 through 22, and 30 through 35
above, as if they were set forth fully herein.
45. Defendants, ST. AUGUSTINE PLANTATION OPERATOR, LLC, CHG
MANAGEMENT ST. AUGUSTINE PLANTATION, LLC, MILESTONE RETIREMENT
COMMUNITIES, LLC, CAPITAL HEALTH GROUP MANAGEMENT, LLC, and MEGAN
GRIFFIN had a statutorily mandated responsibility and duty to provide SHIRLEY COLLINS her
statutorily protected residents' rights as set forth in §429.28, Florida Statutes.
46. Defendants and their agents (actual or apparent) and employees had a duty to
exercise reasonable care with regard to their provision of and for SHIRLEY COLLINS'
residents' rights. Further, to the extent nurses were the agents (actual or apparent) or employees
of Defendants and provided for SHIRLEY COLLINS' residents' rights, those nurses had a duty
to exercise that level of care, skill, and treatment which, in light of all relevant surrounding
circumstances, is recognized as acceptable and appropriate by reasonably prudent similar nurses.
47. Defendants' responsibilities to SHIRLEY COLLINS, as outlined above are
nondelegable.
48. Notwithstanding the duties and responsibilities of the Defendants as described
above, Defendants breached their duties of care to SHIRLEY COLLINS by their acts and
omissions which include, but are not necessarily limited to, the following:
a. The failure to move SHIRLEY COLLINS from her room once her roommate was
reasonably believed to be COVID positive;
b. The failure to take adequate and appropriate infection control measures as was
required under the circumstances to protect SHIRLEY COLLINS from a known
COVID-19 exposure;
c. The failure to take adequate and appropriate steps to protect SHIRLEY COLLINS
from COVID-19 while residing in the facility;
d. The failure to provide adequate and appropriate documentation with SHIRLEY
COLLINS's at the facility;
e. The failure to provide timely care and treatmenfto SHIRLEY COLLINS;
f. The failure to protect SHIRLEY COLLINS from neglect;
g. The failure to provide a safe and secure environment.
h. The failure to provide safe, adequate and appropriate staffing to meet the needs of
SHIRLEY COLLINS; and
1 failing to properly train, schedule and retain staff.
49. As a direct and proximate result of the conduct as described above, and the
injuries caused thereby, SHIRLEY COLLINS died on January 27, 2021.
Damages
50. As to those damages that are the result of the conduct complained of herein as
described above, that caused or contributed substantially to causing the death of SHIRLEY
COLLINS, Plaintiff will elect, pursuant to §429.29, FLA. STAT.,either survival damages or
wrongful death damages, each described below, such election which will be made at such time as
is appropriate.
WRONGFUL DEATH DAMAGES:
51. As a result of the conduct complained of herein as described above that caused, or
contributed substantially to causing, the death of SHIRLEY COLLINS, the Estate of SHIRLEY
COLLINS has incurred medical, nursing, funeral, and other expenses.
52. As a further result of the conduct complained of herein as described above that
caused, or contributed substantially to causing, the death of SHIRLEY COLLINS, her children,
MARTHA ALLEN C. HEITZ, GINNY COLLINS FARRAR, CATHY COLLINS and PHELPS
COLLINS, potential beneficiaries of a recovery for wrongful death, suffered the loss of their
mother's support and services, the loss of parental companionship, instruction and guidance, and
mental pain and suffering, and they will continue to suffer such losses in the future.
ALTERNATIVE SURVIVAL DAMAGES:
53. As a result of the conduct complained of herein as described above that caused, or
contributed substantially to causing, the death of SHIRLEY COLLINS, she suffered during her
lifetime prior to her death from bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, medical and nursing
care and treatment, and aggravation of her previously existing conditions.
WHEREFORE, Plaintiff demands judgment for damages against ST. AUGUSTINE
PLANTATION OPERATOR, LLC, CHG MANAGEMENT ST. AUGUSTINE PLANTATION,
LLC, MILESTONE RETIREMENT COMMUNITIES, LLC, CAPITAL HEALTH GROUP
MANAGEMENT, LLC, and MEGAN GRIFFIN for all allowable damages, costs, and such other
relief as may be deemed just and proper. Plaintiff further demands a trial by jury.
COUNT III
Statutory 415 Violations as Against MEGAN GRIFFIN
54. Plaintiff realleges paragraphs l through 4, and 14 through 35 above as if they
were set forth fully herein.
55. At all times material hereto, SHIRLEY COLLINS was a "vulnerable adult" as
defined by §415.102(28), Florida Statutes. SHIRLEY COLLINS was 88 years old when she was
admitted to ST. AUGUSTINE PLANTATION. She was unable to perform the normal activities
of daily living and to provide for her own care and protection.
56. MEGAN GRIFFIN was for SHIRLEY COLLINS' a "caregiver" as that term is
defined by §415.102(5), FLA.STAT., and owed SHIRLEY COLLINS a duty to protect her from
abuse and neglect, as those terms are defined in §415.102, Florida Statutes. MEGAN GRIFFIN
voluntarily undertook certain responsibilities for SHIRLEY COLLINS (and the other residents at
St. Augustine Plantation), including but not limited to: participating in creating the day-to-day
operating procedures for St. Augustine Plantation; participating in creating policies and
procedures for the nursing staff, aides and assistants, and directors or nursing services (also
called a Director of Wellness) at St. Augustine Plantation; participating in creating emergency
policies for St. Augustine Plantation; participating in creating policies and procedures for
resident admissions, care plans, activities and COVID-19 planning and responses at St.
Augustine Plantation; participating in setting the budget for staffing, maintenance and other day-
to-day necessities for the residents of St. Augustine Plantation; and participating in determining
where improvement is needed in the care provided to the residents of St. Augustine Plantation,
including SHIRLEY COLLINS.
57. MEGAN GRIFFIN failed to provide the care, supervision, and services necessary
to maintain the physical and mental health of SHIRLEY COLLINS, including, but not limited to,
shelter, supervision, staffing and medical services, that a prudent person would consider essential
for SHIRLEY COLLINS' wellbeing. She failed also to make a reasonable effort to protect
SHIRLEY COLLINS from neglect by others, including her staff.
58. As the person responsible for neglecting SHIRLEY COLLINS, MEGAN
GRIFFIN, is a "perpetrator" for purposes of §415.1111, Florida Statutes.
59. Pursuant to §415.1111, Florida Statutes, a vulnerable adult who has been
neglected or abused by a caregiver has a cause of action against any perpetrator and may recover
damages, both actual and punitive, for such conduct.
60. MEGAN GRIFFIN neglected (as that term is defined by §415.102(16), FLA.
STAT.) SHIRLEY COLLINS by her failures and/or omissions which include, but are not
necessarily limited to the following:
a) Failing to provide adequate and appropriate operation of St. Augustine

Plantation as Administrator or Executive Director, so as to protect the
residents from harm, such as the harm associated with preventable falls;
b) Failing to provide adequate and appropriate operation of St. Augustine

Plantation as Administrator or Executive Director, so as to protect the
residents from harm, such as the harm associated with preventable
COVID-19 infection;
c) Failing to provide manage the staff at St. Augustine Plantation so as to

provide adequate and appropriate staff to meet the needs of residents
including MS. COLLINS;
d) Failing to operate and manage the St. Augustine Plantation facility in such
a manner that there was appropriate levels of staff on duty to meet the
needs of MS. COLLINS; and/or
e) Failing to properly supervise, train, and retain staff.
61. As a direct and proximate result of the neglect described herein, SHIRLEY
COLLINS suffered actual damages, including physical injury, mental distress, and death by
COVID. Pursuant to §415.1111, Fla. Stat., SHIRLEY COLLINS's Estate is entitled to recover
for her actual datnages.
62. As a result of the neglect of SHIRLEY COLLINS by MEGAN GRIFFIN, the
Plaintiff, CATHY COLLINS, as Personal Representative of the Estate of SHIRLEY COLLINS,
pursuant to §415.1111, FLA.STAT.,seeks attorney fees, actual damages (and reserves the right to
seek punitive damages at such time as is appropriate) for the deprivation of or infringement on
the rights of SHIRLEY COLLINS to be free from neglect and abuse.
WHEREFORE, Plaintiff demands judgment against MEGAN GRIFFIN, for SHIRLEY
COLLINS' actual damages, costs of the action, and attorney's fees. Plaintiff further demands a
trial by jury.
BROOKS, LeBOEUF, FOSTER, GWARTNEY,

LEACE & HOBBS, P.A.
?
Scott E. Gwartney, FBN 0897558

909 East Park Avenue
Tallahassee, FL32301
850-222-2000
850-222-9757 facsimile
Attorneys for Plaintiff
ScottlaffallahasseeAttornevs.com
Jackie@TallahasseeAttorneys.com
June/qff allahasseeAttomeys.com
Filing# 132098579 E-Filed 08/05/2021 11:46:11 AM
IN THE CIRCUIT COURT FOR LEON COUNTY,

FLORIDA PROBATE DIVISION
IN RE: ESTATE OF File No. 2021CP000727
SHIRLEY LONG COLLINS

a/k/a SIIlRLEY L. COLLINS
a/k/a SIIlRLEY COLLINS
Deceased.
LETTERS OF ADMINISTRATION
(single personal representative)
TO ALL WHOM IT MAY CONCERN
WHEREAS, SHIRLEY LONG COLLINS, a resident of Leon County,
Florida, died on January 27, 2021, owning assets in the State of Florida, and
WHEREAS, CATHY ANN COLLINS has been appointed personal
representative of the estate of the decedent and has performed all acts prerequisite
to issuance of Letters of Administration in the estate,
NOW, THEREFORE, I, the undersigned circuit judge, declare CATHY
ANN COLLINS duly qualified under the laws of the State of Florida to act as
personal representative of the estate of SHIRLEY LONG COLLINS, deceased,
with full power to administer the estate according to law; to ask, demand, sue for,
recover and receive the property of the decedent; to pay the debts of the decedent
BarFormNo. P-3.0700
e>FloridaLawyersSupportServices.Inc.
Januaryl, 2020 EXHIBIT
A
as far as the assets of the estate will permit and the law directs; and to make
distribution of the estate according to law.
ORDERED on _____ -7 2021.
ANTHONY B. MILLER
Circuit Judge
Bar FormNo. P-3.0700

C FloridaLawyers Support Services,Inc.
January1, 2020

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Case 1:22-cv-00064-RH-GRJ Document 1-1 Filed 03/09/22 Page 3 of 31

Filing# 143672819 E-Filed 02/10/2022 11:42: 12 AM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

ESTATE OF SHIRLEY COLLINS,

v. CASE NO.: 2.0'2.ZCA000 2 5"}

Plaintiff, ESTATE OF SHIRLEY COLLINS, by and through CATHY COLLINS,

AUGUSTINE PLANTATION OPERA TOR, LLC, CHG MANAGEMENT ST. AUGUSTINE

PLANTATION, LLC, MILESTONE RETIREMENT COMMUNITIES, LLC, CAPITAL

HEALTH GROUP MANAGEMENT, LLC, and MEGAN GRIFFIN, and alleges:

Jurisdiction and Venue

1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00).

2. Plaintiff, CATHY COLLINS, Personal Representative of the Estate of SHIRLEY

3. Defendant, ST. AUGUSTINE PLANTATION OPERATOR, LLC, is a Delaware

4. Defendant, ST. AUGUSTINE PLANTATION OPERATOR, LLC, established,

OPERATOR, LLC as the licensee).. Defendant, ST. AUGUSTINE PLANTATION

OPERATOR, LLC, owed a duty to SHIRLEY COLLINS to exercise reasonable care.

5. Defendant, CHG MANAGEMENT ST. AUGUSTINE PLANTATION, LLC, is a

6. Defendant, CHG MANAGEMENT ST. AUGUSTINE PLANTATION, LLC,

and responsibilities for the overall management of the facility.

7. Defendant, CHG MANAGEMENT ST. AUGUSTINE PLANTATION, LLC,

8. Defendant, MILESTONE RETIREMENT COMMUNITIES, LLC, is a Delaware

9. Defendant, MILESTONE RETIREMENT COMMUNITIES, LLC, was,

10. Defendant, MILESTONE RETIREMENT COMMUNITIES, LLC, owed a duty

11. Defendant, CAPITAL HEALTH GROUP MANAGEMENT, LLC, is a Delaware

GROUP MANAGEMENT, LLC'S agent for service of process of this action.

12. Defendant, CAPITAL HEALTH GROUP MANAGEMENT, LLC, was

13. Defendant, CAPITAL HEALTH GROUP MANAGEMENT, LLC, owed a duty

14. MEGAN GRIFFIN was the Executive Director of ST. AUGUSTINE

PLANTATION during SHIRLEY COLLINS' entire period of residency. MEGAN GRIFFIN

including SHIRLEY COLLINS.

ability to adequately provide for her own care and protection.

17. Alternatively, Defendants' actions and omissions as herein described could

reasonably be expected to result in physical or psychological injury to SHIRLEY COLLINS, so

defined in Chapter 415, Florida Statutes).

violations or infringements of the resident rights of SHIRLEY COLLINS by these Defendants,

January 18, 2021.

she was hard of hearing and communicated best by writing.

facility on or about December 26, 2017.

and their staff are unknown due to lack of documentation.

physical injuries, such as skin tears and bruises.

in the room with her COVID-19 positive roommate.

COLLINS' desires would have been, her family agreed.

35. On information and belief, a COVID-positive employee providing care up and

spread which is reportedly primarily on that hallway.

as if they were set forth fully herein.

COLLINS, but did not cause or significantly contribute to her death.

38. Defendants, ST. AUGUSTINE PLANTATION OPERATOR, LLC, CHG

MANAGEMENT ST. AUGUSTINE PLANTATION, LLC, MILESTONE RETIREMENT

COMMlJNITIES, LLC, CAPITAL HEALTH GROUP MANAGEMENT, LLC, and MEGAN

statutorily protected residents' rights as set forth in §429.28, Florida Statutes.

circumstances, is recognized as acceptable and appropriate by reasonably prudent similar nurses.

40. Defendants' responsibilities to SHIRLEY COLLINS, as outlined above are

41. Notwithstanding the duties and responsibilities of the Defendants as described

COLLINS suffered injury and harm.

43. As a direct and proximate result of the negligence of Defendants, SHIRLEY

aggravation of preexisting conditions.

WHEREFORE, Plaintiff demands judgment for damages against ST. AUGUSTINE