2021CV01385 e-Filed 6/15/2021 9:52 AM

Tiki Brown
Clerk of State Court
IN THE STATE COURT OF CLAYTON COUNTY Clayton County, Georgia
Ravie Tucker
STATE OF GEORGIA

HERMAN BRUCE SCOTT o/b/o MARIO )

SCOTT, )
)
)
Plaintiff, ) CIVIL ACTION FILE NO. 2021CV01385
vs. )
) JURY TRIAL DEMANDED
RIVERWOODS BEHAVIORAL )
HEALTH, LLC, ACADIA )
HEALTHCARE COMPANY, INC., and )
AMERIMED EMERGENCY MEDICAL )
SERVICES, LLC, )
)
)
Defendants. )

COMPLAINT AND DEMAND FOR TRIAL BY JURY

The Complaint of the Plaintiff respectfully alleges the following:

PARTIES AND JURISDICTION

1.

This action is brought by Herman Bruce Scott, on behalf of Mario Scott, who is a citizen

and resident of the State of Georgia, by and through undersigned counsel.

2.

Defendant Riverwoods Behavioral Health, LLC (hereinafter “Riverwoods”) is a domestic

limited liability company authorized to transact business in the State of Georgia. At all times

referred to herein, Defendant Riverwoods maintained and/or managed Riverwoods Behavioral

Health System, located at 223 Medical Center Dr, Riverdale, Clayton County, Georgia 30274.

Venue as to this Defendant is proper in Clayton County, Georgia pursuant to O.C.G.A. § 14-2-510

as the tortuous conduct alleged herein occurred in Clayton County, Georgia. Riverwoods may be
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served by issuing Summons and an original of this Complaint on its registered agent for service,

CT Corporation System, 289 S Culver St, Lawrenceville, Georgia 30046.

3.

Defendant Acadia Healthcare Company, Inc. (hereinafter “Acadia”) is a domestic profit

corporation which exists under the laws of the State of Delaware. At all times material hereto,

Acadia operated Riverwoods Behavioral Health System, located at 223 Medical Center Dr,

Riverdale, Clayton County, Georgia 30274. Venue as to this Defendant is proper in Clayton

County, Georgia pursuant to O.C.G.A. § 14-2-510 as the tortuous conduct alleged herein occurred

in Clayton County, Georgia. Acadia may be served by issuing Summons and an original of this

Complaint on its registered agent for service, The Corporation Trust Company, Corporation Trust

Center, 1209 Orange Street, Wilmington, Delaware 19801.

4.

Defendant Amerimed Emergency Medical Services, LLC (hereinafter “Amerimed EMS”)

is a domestic limited liability company authorized to transact business in the State of Georgia.

Venue as to this Defendant is proper in Clayton County, Georgia pursuant to O.C.G.A. § 14-2-510

as the initial encounter between Amerimed EMS and Mr. Mario Scott alleged herein occurred in

Clayton County, Georgia. Amerimed EMS may be served by issuing Summons and an original of

this Complaint on its registered agent for service, Marlow, Jr., A. Dixon, 5012 Bristol Industrial

Highway, Suite 110, Buford, Georgia 30518.

FACTS

5.

Acadia operates a network of behavioral health facilities across the United States. One of

the facilities that Acadia operates in Georgia is Riverwoods Behavioral Health System, located at
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223 Medical Center Dr, Riverdale, Clayton County, Georgia 30274.

6.

Riverwoods maintains and/or manages Riverwoods Behavioral Health System, an acute

inpatient hospital that provides services for adolescents, adults, and seniors who are struggling

with mental health concerns and substance use disorders.

7.

On January 17, 2021, Mario Scott (hereinafter “Mr. Scott”), who resides in Butts County,

Georgia, walked into Sylvan Grove Hospital in Jackson, Georgia, to have his medication refilled.

Mr. Scott is mentally disabled and his care giver, his mother, was hospitalized at that time due to

a COVID-19 diagnosis.

8.

Due to Mr. Scott’s inability to care for himself, a physician at Sylvan Grove Hospital signed

a 1013 form to initiate transportation to Riverwoods Behavioral Health System, located at 223

Medical Center Dr, Riverdale, Clayton County, Georgia 30274.

9.

On January 17, 2021, Mr. Scott was Office transported and delivered to Riverwoods

Behavioral Health System by the Butts County Sheriff’s Office.

10.

On January 19, 2021, while Mr. Scott was still a patient at Riverwoods Behavioral Health

System, his brother, Herman Bruce Scott, called the facility to provide emergency contact

information for him.

11.

On January 21, 2021, Herman Bruce Scott attempted to visit Mr. Scott at Riverwoods
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Behavioral Health System, but he was told that visitation was canceled. That same day, Mr. Herman

Bruce Scott dropped off three days’ worth of clothing for Mr. Scott at the facility.

12.

On January 27, 2021, the staff from Riverwoods contacted the Butts County 911 center and

requested an Officer go by Mr. Scott’s residence in an attempt to make contact with his caregiver.

However, due to his mother’s hospitalization, no one was present at the home.

13.

The next day, January 28, 2021, the staff of Riverwoods forced Mr. Scott onto a bus owned

and/or operated by an agent of Amerimed EMS and took him to a homeless shelter located on

Peter Street in Atlanta, Georgia.

14.

The staff at Riverwoods Behavioral Health System made no attempt to contact Mr. Scott’s

listed emergency contact or the Butts County Sheriff’s Office, as the agency that conducted the

first transport, before forcing Mr. Scott onto a bus to Atlanta, Georgia.

15.

For the duration of the bus ride, Mr. Scott continued to tell the bus driver that he lived in

Jackson, Georgia, and should not be taken to Atlanta, Georgia.

16.

When the bus arrived in Atlanta, Georgia, the driver had Mr. Scott exit the bus in front of

the homeless shelter on Peter Street. It was approximately 3:00 pm when Mr. Scott was dropped

off, and the shelter did not open until 4:30 pm.

17.

Mr. Scott never checked into the homeless shelter.

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18.

Unaware that Mr. Scott was no longer at Riverwoods Behavioral Health System, on

January 29, 2021, Herman Bruce Scott once again attempted to visit Mr. Scott. However, he was told

that visitation was canceled. The staff at Riverwoods Behavioral Health System did not tell Herman

Bruce Scott that his brother had been discharged and taken to Atlanta, Georgia.

19.

That same day, on January 29, 2021, Mr. Scott was transported by EMS to Grady Hospital

In Atlanta, Georgia for hypothermia. Mr. Scott asked to speak with a social worker at Grady

Hospital and reported that he was cold, needed his medication refilled, and helped find a ride home

to Jackson, Georgia. Mr. Scott was released from Grady Hospital and forced back out onto the

streets in Atlanta, Georgia.

20.

Later that day, Mr. Scott was transported by EMS to Grady Hospital again. Mr. Scott was

once again released from Grady Hospital and forced back out onto the streets in Atlanta, Georgia.

21.

On January 31, 2021, Mr. Scott’s family learned that he was no longer at Riverwoods

Behavioral Health System and filed a missing person report with the police department in Jackson,

Georgia. The missing person information was also given to news outlets in Butts County, Georgia.

22.

On February 3, 2021, a resident of Butts County, Georgia, traveled to Atlanta, Georgia, to

help feed the homeless. While in Atlanta, Georgia, the resident saw Mr. Scott, whom she

recognized from the news reports. The resident then drove Mr. Scott to the Butts County Sheriff’s

Office, where he was reunited with his family.

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23.

At all times relevant hereto, Defendants Acadia, Riverwoods, and Amerimed EMS assumed

the duty to ensure the safety of the patients at Riverwoods Behavioral Health System.

24.

Defendants breached their duty of care to Mr. Scott.

25.

Defendants’ breach of their duty proximately caused Mr. Scott serious injury.

26.

As a result of the Defendants’ breach of their duty, Mr. Scott suffered from hypothermia,

rhabdomyolysis, muscle strain, and severe emotional distress.

COUNT I

NEGLIGENCE OF DEFENDANTS ACADIA AND RIVERWOODS

27.

The Plaintiff repeats and realleges Paragraphs 1 through 26 of the Complaint as if fully set

forth herein and further alleges;

28.

At the above-mentioned time and place, Defendants Acadia and Riverwoods by and through

their agents and employees, breached their duty to exercise ordinary and diligent care for the safety

and protection of their patients, including Mario Scott, through the following acts of omission or

commission:
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A. Failing to protect and secure the safety of their patients, including Mario Scott,

when the Defendants knew or should have known of his inability to care for

himself;

B. Failing to exercise ordinary care in the treatment and discharge of their patients;

C. Failing to hire and/or retain competent staff to protect, treat, and safely discharge

their patients, including Mario Scott;

D. Failing to implement adequate policies to protect Mario Scott and other patients

from foreseeable harm upon discharge from the subject facility.

E. Failing to take additional measures to protect Mario Scott and other patients from

foreseeable harm upon discharge from the subject facility, after being put on notice

that the process of dropping off mentally ill patients in front of a closed homeless

shelter was inadequate;

F. Preceding paragraphs A through D, individually and/or as a whole, represent

deviations from the existing standard of care with regard to mental health services

and care as recognized by similarly situated facilities; and

G. Additional acts of negligence

29.

At all material times, Defendants Acadia and Riverwoods, through their agents and

employees, negligently failed to hire persons, employees, and/or agents reasonably suited for

providing, implementing, and maintaining the care necessary to adequately ensure the safety of its

patients.
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30.

At all times material hereto, the Defendants did cause Mario Scott, to sustain severe

injuries, in that they knew or should have known of the danger of harm to a mentally ill patient,

by being left alone without any care or supervision and by failing to prevent the resulting harm.

31.

As a direct and proximate result of the Defendants’ negligence, Mario Scott suffered both

mental and physical injuries, including but not limited to physical pain and suffering and mental

pain and anguish. Mario Scott has incurred medical and other related expenses to date. Mario Scott

has suffered and will continue to suffer such losses in the future.

COUNT II

NEGLIGENCE OF DEFENDANT AMERIMED EMS

32.

The Plaintiff repeats and realleges Paragraphs 1 through 31 of the Complaint as if fully set

forth herein and further alleges;

33.

At the above-mentioned time and place, Defendant Amerimed EMS, by and through its

agents and employees, breached its duty to exercise ordinary and diligent care for the safety and

protection of their passengers, including Mario Scott, through the following acts of omission or

commission:

A. Failing to protect and secure the safety of is passengers, including Mario Scott,

when the Defendants knew or should have known of his inability to care for

himself;

B. Failing to exercise ordinary care in the transporting its passengers;

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C. Failing to implement adequate policies to protect Mario Scott and other passengers

from foreseeable harm;

D. Failing to take additional measures to protect Mario Scott and other passengers

from foreseeable harm, after being put on notice that the process of dropping off

mentally ill patients in front of a closed homeless shelter was inadequate;

E. Preceding paragraphs A through D, individually and/or as a whole, represent

deviations from the existing standard of care with regard to transporting mental

health patients, as recognized by similarly situated medical services companies;

and

F. Additional acts of negligence

34.

At all material times, Defendant Amerimed EMS, through its agents and employees,

negligently failed to hire persons, employees, and/or agents reasonably suited for providing,

implementing and maintaining the care necessary to adequately ensure the safety of its passengers.

35.

At all times material hereto, Defendant Amerimed EMS did cause Mario Scott, to sustain

severe injuries, in that they knew or should have known of the danger of harm to a mentally ill

patient, by being left alone without any care or supervision and by failing to prevent the resulting

harm.

36.

As a direct and proximate result of Defendant Amerimed EMS’s negligence, Mario Scott

suffered both mental and physical injuries, including but not limited to physical pain and suffering
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and mental pain and anguish. Mario Scott has incurred medical and other related expenses to date.

Mario Scott has suffered and will continue to suffer such losses in the future.

COUNT III

NEGLIGENT TRAINING, EMPLOYMENT, SUPERVISION AND RETENTION OF

DEFENDANTS ACADIA AND RIVERWOODS

37.

The Plaintiff repeats and realleges Paragraphs 1 through 36 of the Complaint as if fully set

forth herein and further alleges;

38.

Defendants Acadia and Riverwoods owed a duty to Mario Scott to properly train, employ,

and supervise its employees, staff and agents.

39.

Defendants Acadia and Riverwoods breached said duty of care.

40.

At all times material hereto, Defendants Acadia and Riverwoods were responsible for

implementing the rules and regulations in regard to hiring, screening, training, supervising,

controlling, disciplining its employees, staff and agents.

41.

Defendants Acadia and Riverwoods knew or should have known that staffing and the

supervision of their patients was inadequate, and the circumstances could arise that could and

would cause injury to Mario Scott.

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COUNT IV

NEGLIGENT TRAINING, EMPLOYMENT, SUPERVISION AND RETENTION OF

DEFENDANT AMERIMED EMS

42.

The Plaintiff repeats and realleges Paragraphs 1 through 41 of the Complaint as if fully

set forth herein and further alleges;

43.

Defendant Amerimed EMS owed Mario Scott a duty to properly train, employ, and supervise

its employees, staff, and agents.

44.

Defendant Amerimed EMS breached said duty of care.

45.

At all times material hereto, Defendant Amerimed EMS were responsible for implementing

the rules and regulations in regard to hiring, screening, training, supervising, controlling,

disciplining its employees, staff and agents.

46.

Defendant Amerimed EMS knew or should have known that its drivers were not adequately

trained, employed, supervised, and/or retained, and circumstances could arise that could and would

cause injury to Mario Scott.

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COUNT IV

PUNITIVE DAMAGES AGAINST DEFENDANTS ACADIA AND RIVERWOODS

47.

The Plaintiff repeats and realleges Paragraphs 1 through 46 of the Complaint as if fully

set forth herein and further alleges;

48.

The actions of Defendants Acadia and Riverwoods and through its employees and/or

agents showed willful, wanton and/or reckless disregard for the rights of others and Plaintiff is

entitled to recover punitive damages, in addition to all legal and equitable damages as a result of

Defendants Acadia and Riverwoods’s conduct. The actions of Defendants Acadia and Riverwoods

were part of a pattern of conduct which would raise the presumption of conscious indifference to

consequences.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully pray and demand as follows:

1. That Process and Summons issue, as provided by law, requiring Defendants to

appear and answer Plaintiff’s Complaint;

2. That service be had upon Defendant as provided by law;

3. That the Court award and enter a judgment in favor of Plaintiff and against the

Defendants for compensatory, and special damages for past, present and future

medical care and other special damages in an amount to be proven at trial;

4. That Plaintiff have a trial by a jury as to all issues; and,

5. That Plaintiff have such other and further relief as the Court may deem just and

proper.
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This 15th day of June, 2021.

Respectfully submitted,

STEWART MILLER SIMMONS

TRIAL ATTORNEYS

/s/ L. Chris Stewart

L. Chris Stewart
Georgia Bar No. 142289
Daedrea D. Fenwick
Georgia Bar No. 543954
Michael Roth
Georgia Bar No. 149819
Attorneys for Plaintiff
55 Ivan Allen Jr. Blvd.
Suite 700
Atlanta, GA 30308
844-874-2500 phone
cstewart@smsttrial.com
dfenwick@smstrial.com
mroth@smstrial.com