IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA CHARLES KENDALL, a single man, Case No.2 Plaintiff, vs . COMPLAINT
(Medical Negligence) EAST VALLY FAMILY PHYSICIANS, P.L.C., an Arizona limited liability company; MELANIE KELLY and JOHN DOE KELLY, wife and husband Defendants.
For his Complaint against Defendants, Plaintiff Charles
Kendall alleges as follows:
1. Plaintiff is a single man residing in Maricopa County, Arizona.
2. Plaintiff alleges that Defendants have caused events to occur in Maricopa County, Arizona, out of which his
claims arise, therefore, venue is proper in this Court.
3. The amount in controversy exceeds the
jurisdictional minimum of this Court, therefore, jurisdiction is
proper in this Court.
4. Defendant East Valley Family Physicians is an Arizona corporation doing business in Maricopa County, Arizona.
5. Defendant Melanie Kelly’ was married to John Doe
Kelly and was acting on behalf of their marital community at all times material to this Complaint.
6. Defendant Melanie Kelley and. East Valley Family Physicians were licensed healthcare providers as defined in A.R.S. S 12—561 at all times material to this Complaint.
7. Defendant Melanie Kelly’ was the actual agent of Defendant East Valley Family Physicians, acting in the course and scope of her agency, at all times material to this Complaint.
26, 2003, Defendant Melanie Kelly
8. On December
improperly injected Toradol into Plaintiff’s left arm.
9. Defendant Melanie Kelly’s actions fell below the
standard of care applicable to her. 10. Plaintiff sustained a severe left radial neuropathy
as a direct and. proximate result of Defendant Melanie Kelly’s
11. The neuropathy has caused Plaintiff to suffer
painful physical and emotional injuries including the loss of most of the use of his left arm. He has incurred medical expenses and likely will need medical treatment in the future. He has lostincome and likely will lose future income.
WHEREFORE, Plaintiff respectfully asks this Court to
enter judgment in his favor and against Defendants as follows:
A. Awarding him an amount sufficient to compensate him
for his past and future pain, suffering, hedonic damages, and
economic losses arising out of the injuries caused by Defendant Melanie Kelly’s negligence;
B. Awarding hi“! the costs and fees associated with this suit to which he is entitled under Arizona law; and
C. Awarding such further relief as the Court deems
just and proper. , DATED this 2!: day of October, 2004.
ROBBINS & GREEN, P.A.
BY ‘0 R1 Vh~Adehl John P. Ager 3300 North Central Avenue Suite 1800 Phoenix, Arizona 85012—2518 Attorneys for Plaintiff