Motion,Ex Parte: BALZARANO, ELIZABETH V LIFELINE RECOVERY LLC DBA LIFELINE RECOVERY

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                                Filing # 97663230 E-Filed 10/22/2019 12:16:36 PM

ELIZABETH L. BALZARANO,
Individually, and as Personal
Representative of the ESTATE OF
MICHELLE L. BALZARANO,

Plaintiffs,
v.

LIFELINE RECOVERY, LLC d/b/a
LIFELINE RECOVERY SUPPORT
SERVICES, a Foreian Comoration: [OHN
BROGAN; LIFE CHANGES ADDICTION
TREATMENT CENTER OF THE PALM
BEACHES; and WARBIRD
PROPERTIES, LLC d/bla CAMERON
VILLA, LLC, a Florida Corporation,
EMILIO DUBOY, M.D.; and JANINE
BEATTIE, ARNP

Defendants.

IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA

CASE NO.: 50-2018-CA-15763-XXXX-
MB

DEFENDANT’S MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR
FAILUE TO STATE A CAUSE OF ACTION

COMES NOW Defendant, LIFE CHANGES ADDICTION TREATMENT CENTER
OF THE PALM BEACHES, (hereinafter known as “LIFE CHANGES") by and through its

undersigned counsel, and pursuant to the Florida Rule of Civil Procedure hereby files this

Motion to Dismiss Plaintiffs Second Amended Complaint for Failure to State a Cause of

Action, and as grounds states as follows:

INTRODUCTION

The Plaintiff, ELIZABETH BALZARANO, individually, and as Personal

Representative of the Estate of Michelle L. Balzarano (‘Plaintiff’, filed suit against the

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 580015 - MIAMI, FLORIDA 33256 - (305) 360-5300 - (905) 373-2204 FAX

CUCM. DAI RCACU PANTY Cl CHADAND RACY FLED 1nINDINNAO 19.40-28 DAA
PILL. PAU BLAU VUUINE EL, GHIA. DUE, ULL, 1Ureerezulg 12.10.00 itCASE NO.: 50-2018-CA-15763-XXXX-MB

Defendant under Florida's Wrongful Death Statute. The Plaintiff is the mother of an
individuai, MICHELLE BALZARANO, who received substance abuse treatment at the
undersigned’s facility, LIFE CHANGES. Plaintiff's Second Amended Complaint at {| 40.
The Decedent is alleged to be survived by her son, D.J.R., a minor, and her mother,
Elizabeth Balzarano. Plaintiff's Second Amended Complaint at ] 4, 5. The Plaintiff filed
a nineteen count Second Amended Complaint against the Defendants. As to LIFE
CHANGES, the Plaintiff alleges wrongful death (Count 8), violation of Florida Statute

§415.1111 (Count 9), breach of a fiduciary duty (Count 10), medical negligence (Count

AWN winnwinnin Haliliie baa nad cnn nade end wn Ink AN Wnt tit .
if), Vialluusd Navy VasSeu UPUI aLLUa@! ayercy (LOUTIL 16) aNd vicarious laDlllly based

upon apparent agency. See the Second Amended Complaint, attached hereto as Exhibit
“a”

The undersigned filed a Motion to Dismiss Plaintiff's Complaint which was argued
before the Court on March 6, 2019. After hearing oral arguments on the same, the Court
(Nutt, J.) granted the undersigned’s Motion to Dismiss Plaintiff's Complaint finding that

the Plaintiff's Complaint did not adequately plead a legally recognizable duty to prevent

  

Ms_ Ralzarano's suicide following h har diecharna from tha facility Duronant ta tha courla

MNgY VEE Uw 1auiMy. 1 UOUGIL WU WIG CUUTL

 

order, the Plaintiff was granted leave to amend their Complaint to remedy this deficiency.

The undersigned contend that despite the additional allegations regarding duty
contained in Plaintiff's Second Amended Complaint, the allegations therein still fail to
establish a legally recognized duty of care owed by LIFE CHANGES to the Decedent. For
this reason, the Plaintiff's Second Amended Complaint must be dismissed for failure to

state a cause of action.

2

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9190 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.0. BOX 569015 - MIAMI, FLORIDA 32256 - (905) 360-5300 - (206) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB

Furthermore, the Plaintiff cannot maintain a cause of action in her individual
capacity as a survivor of the Decedent. Finally, the Piaintiff’s Second Amended Complaint
contains allegations of multiple causes of action within a single count and violates both
the “separate statements’ and “short and plain statement of ultimate fact” pleading
requirements required under Florida law. For these reasons, and as discussed in detail
below, the Plaintiff's claims against LIFE CHANGES must be dismissed in the alternative.

STANDARD FOR GRANTING DEFENDANT’S MOTION TO DISMISS

 

A motion to dismiss tests whether the plaintiff has stated a legally cognizable cause
of action. When aetermniniig tie Merits of a Motion tO dismiss, the thal court's
consideration is limited to the four corners of the complaint, the allegations of which must
be accepted as true and considered in the light most favorable to the nonmoving party.
Bell _v. Indian River Memorial Hospital, 778 So.2d 1030 (Fla. 4th DCA 2001). When

deciding a motion to dismiss, the court assumes all facts alleged in the complaint to be

true and decides the motion only on questions of law. Swope v. Krischer, 783 So. 2d
1164, 1166 (Fla. 4" DCA 2001).

LAW AND Al

 

IL The Second Amended Complaint Must be Dismissed for Failure to State a
Cause of Action.

a. The Plaintiff's Second Amended Complaint fails to allege a legally
recognized common law duty of care.

The Plaintiff's Second Amended Complaint must be dismissed in its entirety
because the Plaintiff continues to fails to state a cause of action for negligence against
the undersigned Defendant. A cause of action based in negligence requires the defendant

to have a duty to the plaintiff. Clay Elec. Co-on. Inc. v. Johns

3

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9160 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (205) 250-8300 - (905) 373-2294 FAX

 

1, 873 So, 2d 1182, 1185CASE NO.: 50-2018-CA-15763-XXXX-MB

(Fla, 2003). The “polestar” for determining both the existence and scope of a legal duty
is foreseeability. Bigien v. Fia. Power & Light Go., 910 So. 2d 405, 408 (Fla. 4th DCA
2005). In addition to the foreseeability of harm, in order for a legal duty to exist, the
defendant's conduct must create the risk. Aguila v. Hilton, Inc., 878 So. 2d 392, 396 (Fla.

1st DCA 2004). Generally, no liability exists for another's suicide in the absence of a

specific duty of care. Kelley v. Beverly Hills Club Apartments, 68 So. 3d 954, 957 (Fla. 3d
DCA 2011); Paddock v. Chacko, 522 So. 2d 410, 416 (Fla. 5th DCA 1988). One can

“assume” such a duty by taking custody and control over another. Estate of Brennan v.

Church ot Scisniaiagy Fag Serv. Oig., $32 F. Siipp. 2d 1370, 1377-78 (iV.0. Fia, 2074).

A legal duty requires more than just foreseeability alone. Aguila, 878 So. 2d at 396.
A duty requires one to be in a position to “control the risk." Id. Thus, in cases of psychiatric
facilities, they are liable for a patient's self-harm because they are "in a position to
exercise measures to prevent the suicidal patients from inflicting injuries on themselves."
See Paddock, 522 So. 2d at 416. But where a patient commits suicide outside of a

facility's "range of observation and control," a duty is not present. See Tuten, 84 So. 3d

at 10488, Emphasis added Sea alen Pakhin v Tiarra Nal Mar Condo Aeeln 4 495 Se

OE IIE WONT, FOS Ty I

3d 1361, 25 Fla. L. Weekly Fed. D 226 (S.D. Fla. Aug. 4, 2015) (holding a condominium
association had no duty to a woman who had committed suicide after the association

removed the woman's dog because, while the association knew the dog was essential to

the woman's "will to live," the association had no authority to prevent the woman's
suicide).
The Court in Surloff v. Regions Bank, 179 So, 3d 472 (Fla. 4 DCA 2015)

contemplated these principles in granting the Defendant's Motion to Dismiss for failure to

4

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - 2.0, BOX 560015 - MIAMI, FLORIDA 39256 - (305) 350-5300 - (208) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB

state a cause of action. In that case, the Plaintiff suffered from mental and physical

impairments resulting in his inability to process complex information. The defendant was
instructed by the decedent's family and healthcare providers not to provide sensitive
information to the decedent, but ignored this request. The defendant shared sensitive
information with the decedent. After leaving the defendant facility, the decedent
committed suicide.

In Surloff, the defendant moved to dismiss for failure to state a cause of action,

arguing that the defendant owed no duty to the decedent. In affirming the trial court’s

Tuning granung tie Mouon i) Disiniss, ine Appaiaie Coit neia:

In the instant case, [Defendant] did not assume a specific duty of care to
prevent the decedent from committing suicide. Although [Defendant]
allegedly knew of the decedent's mental state and agreed to withhold
complex financial information from the decedent, [Defendant] could not
undertake a duty to prevent the decedent's suicide because the decedent

tune nat in [Nnfandantle taniotady antent Ff Anfnwal and phn an
Was Noun pweienaany S CuSway Gr ConwGL. .. . erenaaiiy 3 iy nau nv

.. ability or responsibility to protect the decedent from commi

 

 
 

Surloff at 476. The Court went on to cite Aquila, supra, which stated:

{T]he fact that a defendant realizes or should realize that an action on his
or her partis required to ensure the safety of another person does not alone

create 2 dutty ta taka that actinn The dafandant mict alen hava a rinht tr
ML WULOING GC QUUUT He GUIGHUGIL HIOL GIOU HAVES @ HIGH 0

take ‘the action in question.
In the present case, LIFE CHANGES owed no duty of care to Ms. Balzarano at
the time of her suicide. This issue was identified in the undersigned’s Motion to Dismiss
Plaintiff's Complaint and aranted by the Court, Now, the Plai

   

has amandod tha

 

complaint to add additional allegations regarding the element of duty. However, the
undersigned maintain that the Plaintiff's Second Amended Complaint, as a matter of law,

falls short of stating a cause of action for negligence.

5

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33258 - (305) 350-6300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB

According to the Second Amended Complaint, Ms, Balzarano was discharged from
LIFE CHANGES on April 11, 2017 after completing treatment. Second Amended
Complaint_at 750. She thereafter received treatment from two separate health care
facilities, Cameron Villa and JFK Medical Center, Second Amended Complaint at 50,
63. While a patient at JFK Medical Center, Ms. Balzarano’s prescription medications were
refilled. Second Amended Complaint at 64. Ms. Balzarano took her life on June 6, 2017,
nearly two months after her discharge from LIFE CHANGES. Second Amended
Complaint at 169.

it iS UNGISputed that UNaersigned Getendant can be charged wiin the duties of care
enumerated in the Plaintiff's Second Amended Complaint while Ms. Balzarano was under
the custody and control of the defendant-facility. However, Ms..Balzarano was no longer
under the custody and control of LIFE CHANGES at the time of her death. As a result,
LIFE CHANGES owed no duty of care to protect Ms. Balzarano once she left its custody
and control and therefore, has no duty to prevent the injuries alleged in the Second

Amended Complaint. See, Tuten, supra.

 

Ae tha facility hac na eammnan lau duths ta nentact Me Ralzarann tha Dinintiffa
AS UNG IauIy Hao NU UVUTTINUT tay UULY WO PTULGUL IIS, DGIZaIaliu, WIG FIGnIUi S

Second Amended Complaint fails to state a cause of action and must be dismissed.

b. The Plaintiff's Second Amended Complaint fails to allege a legally
recognized statutory duty of care.

 
 

wate the basis for their cause of action

for negligence, the Plaintiff relies on the statutory provisions of Fla. Stat. §397.419 to
create a duty of care owed by Life Changes to the Decedent. Second Amended Complaint

at 9113. Simply put, this statutory provision entitled, “Quality Improvement Programs”

6

GOLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 566015 - MIAMI, FLORIDA 33256 - (305) 380-8900 - (305) 378-2204 FAXCASE NO.: 50-201 8-CA-15763-XXXX-MB

provides that a service provider licensed under that chapter must maintain a quality
improvement program to ensure that care is rendered within the prevailing professional
standards. The plain meaning of the statute is clear; healthcare providers must have a
quality assurance program. The statute does not impose a statutory standard of care
upon providers to comply with any particular standards nor does it create a statutory
cause of action for negligence for the violation of the same. As a result, the Plaintiff cannot
rely upon this statute to create a duty where none exists and the Plaintiff's Second

Amended Complaint must be dismissed for the reasons articulated above.

ii,  Biaiatirt Cannot Recover Damages in her individuai Capacity as the
Surviving Mother of the Decedent.
The Plaintiff, ELIZABETH BALZARANO, the mother of the Decedent, alleges that

her daughter, Michelle Balzarano, was over the age of 18 years at the time of the subject

   

iaeik. Secona Amsnasa Compiaint at fz. Sng tur GES thai Wie Deceasit was
survived by her mother, Elizabeth Balzarano, and son, D.J.R., a minor, who are allegedly
entitled to recover damages pursuant to Fla. Stat. §768.18. Second Amended Complaint
at_{4-5. Additionally, at the end of each and every count contained in the Second
Amended Complaint, the Plaintiff alleges that Elizabeth Balzarano, individually, demands

judgment against the Defendants.

Given that the undersigned Defendants owed no duty of care to the Decedent, they

  

tn thie artinn
Ww oune aucun,

 

larly did not awe a duty af cara fo har family meambhere and tha Dia
Satiy Gitar fHOS Gnas or Seteny Gt Garner MO HHO TONEHEy IiHGn ICI y GTO MEE Eft

ELIZABETH BALZARANO. Further, Florida Courts do not permit the parent of an adult

7

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9180 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 568016 - MIAMI, FLORIDA 33266 - (305) 360-5300 - (305) 273-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB

child’ to recover damages in their individual capacity based upon a claim for wrongful
death in the context of medical negligence. See, Florida Statutes §768.21(4) and

§768.21(8). See Mizrahi v. North Miami Medical Center, Ltd., 761 So. 2d 1040 (Fla. 2000);

 

Stewart v. Price, 718 So. 2d 205 (Fla. 1st DCA 1998), decision approved, 762 So. 2d 475

(Fla. 2000) (upholding that the statute is not unconstitutional).

In spite of the above, the Plaintiff seeks to recover damages in her individual
capacity as the mother of the Decedent. Plaintiff is prohibited for such recovery pursuant
to Florida Statute: 768.21(8) as the Decedent was over the age of 25 at the time of her
death. As such, Piainli’s Secona Amended Coipiaiit snouid be aisiiissed.

Ill. — The Plaintiff Has Pled Multiple Causes of Action Within Single Counts.

The Plaintiffs Second Amended Complaint should be dismissed because the
Plaintiff has pled multiple theories of liability within a single Count which, under Florida
law, is an improper method of pleading. Under Florida law, the Plaintiff is required to

plead each distinct claim in a separate count, rather than pleading the various claims

together. K.R. Exch. Servs., Inc. v. Fuerst, Humphrey, Ittleman, PL, 48 So. 3d 889, 893
(Fla. 3¢ DCA 2010). See also, Lawner v, Ttof Sample, 2010 Fla, Cir, LEXIS 2763 (Jan.
4, 2010), granting Defendant's Motion to Dismiss based upon Plaintiffs co-mingling of
causes of action. In addition, good pleading practice requires that the complaint allege
statutory violations in separate paragraphs if such violations are to be relied on as the

basis of the action or as evidence of negligence. Ratley v. Batchelor, 1992 Fla. App.

LEXIS 4832 (Fla. 15 DCA 1992).

" AN AdUIt Child IS ONE Over Ine age OI 25. See, 9705.18iZ).

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9160 SOUTH DADELAND BOULEVARD - SUITE 1400 -P.0. BOX 669015 - MAMI, FLORIDA 33256 - (305) 350-5300 - (205) 373-2294 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB

Here, Count 8 of the Plaintiff's Second Amended Complaint purport to allege a
claim for wrongful death against LIFE CHANGES ADDICTION TREATMENT CENTER
OF THE PALM BEACHES. However, a cursory review of the language utilized by the
Plaintiff reveals that allegations of negligent hiring and retention (see paragraphs 114(0)
through (r)), and failure to comply with Florida Administrative Code 65D-30 (see
paragraph 114(u)} are contained within this Count.

The Plaintiff has pled multiple claims against the Defendant within one count,
without identifying any of the facts particular to each, which substantially undermines the
Defendant's ability to comprenena the naitire of the ciaims pied and to prepare detenses
to same.

lV. The Plaintiff's Second Amended Complaint Does Not Contain a Short and
Plain Statement of Ultimate Facts.

BPlnstdan Dilan Af Ona Deanadiwen Onntinn d AAAI mentale tnt a an
FIonua RUGS UF VIVE FIUGCUUIE OGCUOT 1.1 1UQW) PrOViIUeS ula @ CUT

 

contain, “a short and plain statement of ultimate facts showing that the pleader is entitled
to relief.” The Plaintiff is obligated to set forth the factual assertions that can be supported
by evidence which gives rise to legal liability. Despite this requirement, the Court has held
that pleadings should present precise points that are certain, clear, and concise.
Seaboard Air Line Ry. V. Rentz, 60 Fla. 429, 54 So. 13 (Fla. 1910).

Here, the Plaintiff's Second Amended Complaint contains 69 paragraphs of factual

  

    

i Of thnee AQ naranranhe onlv a h allanea ta facte which sro
We ME Oe CO poragraprie, Ven Con cage WAR WeETTOEE G

evidence legal liability. The Plaintiffs’ verbose and confusing Second Amended Complaint
is the antithesis of “short and plain” and fails to serve the intended function of alerting the

Defendants to the facts giving rise to a cause of action. While it would be improper to

9

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB.

dismiss a complaint for failure to state a cause of action solely because it failed to state
the claim in short and plain statements, it is not improper to dismiss a complaint, with
prejudice, for repeated refusal to comply with the rules of pleading. Barrett v. City of
Margate, 743 So. 2d 1160 (Fla. 4d DCA 1999). As such, the Plaintiff's Second Amended
Complaint should be dismissed for failure to comply with this basic pleading requirement.

WHEREFORE the Defendant, LIFE CHANGES ADDICTION TREATMENT
CENTER OF THE PALM BEACHES, respectfully request that this Honorable Court enter
an Order dismissing the Plaintiff's Second Amended Complaint, as well as any other relief

tena ot

a an man tia th a ea ei
aeeinea Just and appropriate in ignt OF tne Toregoing.

10

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB.

CERTIFICATE OF SERVICE

i HEREBY CERTIFY that on this 22st day of October, 2019, a true and correct
copy of the foregoing was filed with the Clerk of Palm Beach County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Thomas D. Graham, Esq., Leesfield
Scolaro, P.A., 2350 So. Dixie Highway, Miami, FL 33133, (305) 854-4900/(305) 854-8266
(F), Attorney for Plaintiff, Elizabeth L. Balzarano and Thomas Scolaro, Esq., Leesfield
Scolaro, scolaro@leesfield.com;rose@leesfield.com;azcuy@leesfield.com, 2350 South
Dixie Highway, Miami, FL 33133, (305) 854-4900/(305) 854-8266 (F), Attorney for
Plaintiff, Elizabeth L. Balzarano.

COLE, SCOTT & KISSANE, P.A.

Counsel for Defendant Life Changes Addiction
Treatment Center of the Palm Beaches

Cole, Scott & Kissane Building

9150 South Dadeland Boulevard, Suite 1400
P.O. Box 569015

Miami, Florida 33256

Telephone (305) 350-5354

Facsimile (305) 373-2294

Primary e-mail: jonathan.midwall@csklegal.com
Secondary e-mail:
alyssa.tornberg@csklegal.com

Alternate e-mail: omaira.garcia@csklegal.com

By: _s/ Jonathan M. Midwall
JONATHAN M. MIDWALL
Florida Bar No.: 182011
ALYSSA M. TORNBERG
Florida Bar No.: 127409

14

COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - $160 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 580015 - MIAMI, FLORIDA 33256 ~ (305) 350-8300 - (206) 373-2204 FAXFiling # 96798959 E-Filed 10/04/2019 06:29:06 PM

IN THE CIRCUIT COURT OF THE 15TH

TAMIA AT A oirr nr am oan

JUUIUIAL ULRUULL UN AND DUIS

PALM-BEACH COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 50-2018-CA-015763-XXXX-MB

ELIZABETH L. BALZARANO, individually,

and as Personal Representative of the
Estate of MICHELLE L. BALZARANO,

Plaintiff,

ve

LIFELINE RECOVERY, LLC, d/b/a

LIFELINE RECOVERY SUPPORT SERVICES, a

Foreign Corporation; JOHN BROGAN; LIFE

CHANGES ADDICTION TREATMENT CENTER,

OF THE PALM BEACHES; WARBIRD PROPERTIES, LLC,
d/b/a CAMERON VILLA, LLC, a Florida Corporation;
EMILIO DUBOY, M.D.; and, JANINE BEATTIE, ARNP,

Defendants.
/

SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

 

Plaintiff, Elizabeth Balzarano, individually, and as Personal Representative of the Estate
of Michelle Balzarano, sues Defendants, Lifeline Recovery LLC, d/b/a Lifeline Recovery
Support Services, a Foreign Corporation; John Brogan; Life Changes Addiction Treatment
Center of the Palm Beaches; Warbird Properties, LLC, d/b/a Cameron Villa, LLC, a Florida
Corporation; Emilio Duboy, M.D.; and, Janine Beattic, ARNP, and states as follows:

I. PARTIES, JURISDICTION, AND VENUE

i This is an action for damages in excess of the jurisdictional limitations of the

Court exclusive of interest and costs and within the jurisdiction of this Court.

2, Elizabeth Balzarano is a resident of New Jersey, over the age of 18 vears, and isCASE NO.: 2018-CA-015763

otherwise sui juris,

3. Elizabeth Balzarano has been appointed Personal Representative of the Estate of
Michelle Balzarano, her Daughter.

4. Elizabeth Balzarano is a survivor of Michelle Balzarano pursuant to Fla. Stat, §
768.18 (1) because she is the parent of the decedent.

5. Michelle Balzarano is also survived by her son, D.J.R., a minor, who is also
entitled to recover pursuant to Fla, Stat. § 768.18 (1) and (2) as the minor child of the decedent.

6. Lifeline Recovery LLC, d/b/a Lifeline Recovery Support Services, a Foreign

 

Corporation, (hereinafter “Lifeline”) is a New Jersey Corporation, doing business in Palm Beach
County.

7 Lifeline operates a business that places individuals with drug addiction at
treatment centers, including drug treatment centers located in West Palm, Beach, Florida.

8. Lifeline advertises its services in the following fashion: “By combining traditional
drug treatment with Peer Recovery Support Services, our program connects addicted individuals
in varying crisis situations with a Certified Peer Recovery Specialist that works hand in hand
with them through the entire recovery process — from initial intervention through clinical
treatment to the desired goal of long-term recovery.”

9. At all times material, Lifeline acted by and through its officers, directors, agents,
servants, representatives, administrators, and employees, who at all times material conducted
UieinSelves Williin ine course and scope of iheir authoriiy, apparent authority, and empioyment.

10, At all times material, Lifeline was and is, pursuant to the doctrine of respondeat
superior, agency, apparent agency, and agency by estoppel, vicariously liable for the negligent

acts and omissions of its officers, directors, agents, apparent agents, servants, representatives,CASE NO.: 2018-CA-015763

administrators, and employees.

11. John Brogan is an individual, sui juris, and a resident of New Jersey.

12. John Brogan is the founder and Chief Executive Officer and owner of Lifeline.

13. John Brogan is a self-described “Opioid Addictions Recovery Specialist” who
claims his “personal experience and program allow him to guide each person to the right facility
best situated to assist with recovery.”

14. Life Changes Addiction Treatment Center of the Palm Beaches, (hereinafter “Life
Changes”) is a Florida corporation, doing business in Palm Beach County, Florida.

15. Life Changes owns, manages, administers, maintains, or operates substance abuse
treatment facilities located in West Palm Beach, Florida.

16. Life Changes is licensed by the State of Florida and subject to the provisions of
Florida Statutes Chapter 397.

17. Life Changes is subject to the standards of Florida Administrative Code § 65D-
30.

18. At all times material, Life Changes acted by and through its officers, directors,
agents, servants, representatives, administrators, doctors, nurses, medical staff and personnel,
and employees, who at all times material conducted themselves within the course and scope of
their authority, apparent authority, and employment.

19, At all times material, Life Changes was and is, pursuant to the doctrine of
FéeSponaéat Superior, ageAcy, appareit agency, aid agency by esioppel, vicariously liabie for the
negligent acts and omissions of its officers, directors, agents, apparent agents, servants,
representatives, administrators, doctors, nurses, medical staff and personnel, and employees.

20. Warbird Properties, LLC, d/b/a Cameron Villa, LLC, (hereinafter “CameronCASE NO:: 2018-CA-015763

Villa”) is a Florida corporation, doing business in Palm Beach County.

21, Cameron Villa owns, manages, administers, maintains, or operates sober living
facilities located in Palm Beach County, Florida.

22. Cameron Villa advertises that it is certified by the Florida Association of
Recovery Residences (“FAAR”),

23. Cameron Villa is subject to the standards of Florida Administrative Code § 65D-
30.

24, Cameron Villa is subject to the standards of Florida Statute § 397.419 (1) and/or §

25. At all times material, Cameron Villa acted by and through its officers, directors,
agents, servants, representatives, administrators, and employees, who at all times material
conducted themselves within the course and scope of their authority, apparent authority, and
employment.

26. At all times material, Cameron Villa was and is, pursuant to the doctrine of
respondeat superior, agency, apparent agency, and agency by estoppel, vicariously liable for the
negligent acts and omissions of its officers, directors, agents, apparent agents, servants,
representatives, administrators, and employees,

27. Emilio Duboy, M.D., (hereinafter “Defendant Duboy”) is a medical doctor
practicing the specialty of psychiatry in Palm Beach County, Florida, and was, at all times
inaierial hereto, ihe physician responsivie for the care and ireaiment of Michelle Baizarano at
Life Changes. At all times material hereto, Defendant Duboy was acting as an employee or
agent of Defendant Life Changes.

28. At all times material, Defendant Duboy served as a Medical Director of LifeCASE NO.; 2018-CA-015763
Change’s facility.

29. Janine Beattie, ARNP, (hereinafter “Defendant Beattie’) is an advanced
registered nurse practitioner and at all relevant times was practicing her specialty in Palm Beach
County, Florida, as an agent and/or employee of Defendant Life Changes. Defendant Beattie
was the nurse practitioner resnonsible for the care and treatment of Michelle Ralzarano at Life
Changes.

30. Venue is proper in Palm Beach County pursuant to Florida Statute § 47.011.

31. The Plaintiff has complied with all common law and statutory conditions
precedent to bringing this action.

32.  Undersigned counsel for the Plaintiff hereby certifies that a reasonable
investigation has been undertaken in connection with this case and said investigation has given
tise to a good faith belief that grounds exist for an action against each named defendant.

Il. GENERAL ALLEGATIONS

33. Michelle Balzarano was a 34-year-old woman at the time of her death. She was
working hard to improve her life, but sadly struggling a battle against substance abuse and
depression,

34, Michelle wanted desperately to be treated in order to live a normal life free from
the chains of addiction and mental illness.

35. On or about February 10, 2017, Michelle was arrested and taken into custody by
ihe Beimar, New Jersey, Poiice Department.

36. A “Peer Specialist” with Lifeline, Christopher Lorenzo, met with Michelle while

she was in custody and convinced her to go to a drug rehabilitation facility in West Palm, Beach,

Florida,CASE NO.: 2018-CA-015763

37. Michelle was convinced and coerced by Lifeline and its agents to leave her
friends, family, and support structure in New Jersey to travel to West Palm Beach, Florida, for
drug rehabilitation therapy and treatment. The process was arranged by Lifeline while she was

under duress, in police custody, and under the influence of hard drugs. She was not informed or
advised by Lifeline of the legal consequences of her denarture fiom New Jersey while on
probation.

38. As a result of her absence from New Jersey, Michelle was ultimately found in
violation of her probation for failing to report in New Jersey. This caused her extreme mental
distress, anxiety, and fear that she would face prison time for violating her probation on the
advice of Lifeline and John Brogan, who benefitted financially from her placement.

39. Lifeline and John Brogan promised that it would assist her at every step of the
way and ensure that her clinical and medical needs were handled.

40. Michelle was hastily shepherded by Lifeline to the Life Changes treatment facility
located at 900 East Osceola Drive, West Palm Beach, FL 33409, She was admitted to Life
Changes on February 19, 2017, after undergoing detoxification.

41. Michelle was completely alone in Florida. She was homeless, destitute, and
without a personal means of transportation. She was completely reliant on her caretakers to
survive and recover,

42. Michelle was suffering from mental health issues at the time of her admission to
Lite Changes. Micheiie had a diagnosis of depression for which she was prescribed prescription
medication. She needed the medication to function normally and not be overtaken by the
psychological distress of her ongoing battle with depression. She was informed by Lifeline and

Life Changes that her prescription medication needs would be managed at the facility and thatCASE NO.: 2018-CA-015763

Life Changes would provide for her medical care and treatment.
43, Life Changes had a duty to provide for Michelle’s prescription medication needs
and to see that she received the treatment and care she needed for her mental health issues,

44. Sadly, Michelle’s mental health needs and prescription medication requirements

were ufterly neglected by Life Changes, Without her medication she slinned ints a devastating

depression.

45. — Life Changes failed to arrange for Michelle to see a psychiatrist or psychologist to
assess her mental health condition or assist her in securing treatment and medications to function
normally,

46. During her time as a resident of Life Changes Michelle Balzarano was seen by
Defendant Duboy and/or Defendant Beattie for management of asthma and other medical
conditions. No effort was made to ensure that Michelle was either treated for her mental health
disorders or ‘connected with a’ medical professional that could manage her mental health
disorders, which went untreated, causing an exacerbation of her symptoms.

47. At Life Changes Michelle was continued on a course of pre-prescribed

medications that she needed to manage her mental health conditions: when these medications

 

began to ran out Life Changes, Defendant Duboy, and Defendant Beattie, failed to refill them or
make arrangements to ensure that Michelle had her medications. In doing so, they allowed an
illness to go untreated,

48. Life Changes, Defendant Duboy, and Defendant Beattie were negligent in
discharging Michelle, Upon learning that she would be discharged they had an obligation to
either arrange for her to have follow up visits with the doctors and referrals that she needed to

manage her mental health conditions, or to ensure that she had access to sufficient medication toCASE NO.: 2018-CA-015763

allow her time to establish out-patient care on her own. At the time of her discharge Michelle
Balzarano was not provided with a sufficient amount of medication to treat her mental health
conditions, nor was access to the doctors and treatment she needed arranged, representing a

breach in the standard of care.

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Beattie breached the standard of care in failing to assist Michelle when she asked for assistance
in obtaining her medications for her mental health conditions.

50. On April 11, 2017, after completing treatment at Life Changes, Michelle was
transferred to Cameron Villa, a facility located at 930 Grace Avenue, Lake Worth, Florida,
33461, Life Changes failed to account for Michelle’s future prescription medication needs prior
to discharging her. She was dropped off at Cameron Villa without a necessary supply of anti-
depression and anxiety medication, *

51. Cameron Villa acknowledged that Michelle was homeless in accordance with
Florida Statute 420.621 prior to admitting her. They were aware that she would rely upon them
for transportation, and to obtain the medical care and treatment she needed to recover from her
mental health and substance abuse disorders. Cameron Villa falsely promised Michelle that her
medical and prescription medication needs would be attended to while she was a resident.

52. Cameron Villa falsely advertised that it had an in house medical-physician at its

tesident’s disposal.

53, Cameron Villa tells the public that it has staff and management on site 24 hours a
day and advertises that it regularly makes progress assessments of its clients.
54. Asa FAAR certified establishment, Cameron Villa was required and had a duty to

implement policies and procedures for dealing with its client’s prescription medication usage.CASE NO.: 2018-CA-015763

55. Again, Michelle was neglected and her mental health treatment and prescription
medication needs were not attended to by Cameron Villa. She was not given care or provided
access to psychiatric services to manage her mounting depression and anxiety.

56. Michelle voiced her concerns to Cameron Villa repeatedly and informed them

that she needed help for her mental health i

  

57. On or around late April of 2017 both Michelle and her sponsor, Mimi Coumbe,
informed the staff at Cameron Villa that Michelle desperately needed her depression
medications. Michelle requested that Cameron Villa assist her in obtaining the medications she
needed.

58. Cameron Villa attempted to communicate with Life Changes to obtain anti-
depression medication for Michelle. Life Changes informed Cameron Villa that it was unable to
assist as there was no.physician available to process the request.

59, John Brogan was informed that his client Michelle was in a desperate state and in
need of medication for her mental health issues. He did nothing to help Michelle, indicating that
there was no one to pay for her medication needs.

60, Life became emotionally and psychologically unmanageable for Michelle without
the benefit of her needed medication. She was battling addiction and depression, along with the
stresses of rebuilding her life. She lived in daily fear and anxiety for having violated her
probation, knowing that legal troubles loomed should she return to New Jersey. She was trapped
by her life situation and crushed by her depression. Despite her dire circumstances and repeated
requests for help, none of the Defendants assisted her or arranged for the care and medication she
needed,

61. After sending her across the nation to a treatment center they selected, JohnCASE NO.: 2018-CA-015763

Brogan and Lifeline did nothing to arrange for Michelle to return to New Jersey or be reunited
with her family upon learning of her ongoing distress and the lack of care she had received at
Life Changes and Cameron Villa. They abandoned her without financial, logistical, or medical
assistance she needed to survive.

62, — Deen in the throes of denression, Mi

 

chelle wag in such mental anowish that she
begged the House Manager of Cameron Villa, Debbie Martin, to take her to a hospital
emergency room to obtain some sort of relief from her psychological distress.

63. On April 16, 2017, Debbie Martin took Michelle to JFK Medical Center in
Atlantis, Florida, where she was treated by Dr. Steven Keehn, D.O,

64. Dr. Keehn prescribed Michelle with a four-day supply of Seroquel, an
antidepressant medication, in an attempt to offer her some temporary relief. She was instructed
to obtain a follow up with a psychiatrist in order to have her prescription for mental health
medications filled. ;

65. Cameron Villa was aware that Michelle needed a follow up with a psychiatrist. It
failed to assist her in obtaining the additional medications she needed, failed to assist her in
finding a psychiatrist, and failed to have its in-house physician assess or assist her or offer her
care and treatment.

66.  Michelle’s mental condition and depression continued in a sharp decline in the
weeks after her visit to JFK Medical Center. She begged and pleaded for help from the
own, she was completely dependent on Cameron Villa to assist her in daily life. Without her
needed medications her life began to slip away and she was overtaken by mental illness. John

Brogan, Lifeline, and Life Changes were all aware of the ongoing situation, and did nothing to

10CASE NO,: 2018-CA-015763

help or assist their client.

67. The situation became so dire that Michelle’s sponsor tried to act as an advocate on.
her behalf and again urged Cameron Villa and John Brogan at Lifeline to help Michelle to obtain
her prescription medication for depression.

68. Despite the many cries for help, Cameron Villa, Life Changes, John Brogan, and
Lifeline failed to ensure that Michelle receive the medication she so desperately needed or
otherwise help her to obtain treatment.

69. On the Moming of June 6, 2017, following months of struggle without the benefit
of medication for her depression, the stresses of life became too much for Michelle Balzarano to
bear. She committed suicide by hanging herself in a closet at Cameron Villa.

II. CAUSES OF ACTION
Count 1: WRONGFUL DEATH- LIFELINE RECOVERY

Plaintiff hereby incorporates by reference paragraphs 1 through 69 as though fully set
forth herein,

70. Lifeline owed a duty to Michelle as she was a person recovering from addiction
who contracted with Lifeline for addiction recovery services, including the selection and
placement at a competent facility, and ongoing assessment and support during her clinical
treatment.

71. — Lifeline owed a duty to Michelle under the common law as it undertook to
Provide addiction recovery services and otiered advice and addiction treatment piacement
services to individuals suffering drug addiction, including Michelle,

72. Lifeline owed Michelle a duty to exercise reasonable care in the provision of its

services to Michelle.

11CASE NO.: 2018-CA-015763

73. Lifeline, by and through its officers, directors, administrators, agents, apparent
agents, servants, employees, representatives, consultants, independent contractors, and/or
subsidiaries, breached the duties owed to Michelle in one of more of the following ways:

a. Failing to properly evaluate Michelle’s condition prior to arranging for her

to relocate to West Palm Beach, Florida, for dmg add

 

m treatments and therany

b. Failing to account for Michelle’s mental illness prior to placing her in
addiction treatment facility;

c. Failing to properly vet and select addiction treatment centers that were
capable of treating Michelle in a competent and nonnegligent fashion;

d. Failing to ensure that Michelle’s medical needs were met while she was in
recovery;

e, Failing to arrange for Michelle to obtain the prescription medication that
she needed for her mental illness;

£ Falsely advertising and misrepresenting that it would assist Michelle
through her clinical treatment phase;

g Engaging in deceptive marketing practices in violation of Florida Statute §
397.55 about the nature and scope of services it would provide to Michelle;

h. Failing to assist Michelle in returning to New Jersey after learning that she
was not being cared for properly at the addiction treatment centers selected by Lifeline;

1L Failimg to advise Michelle that she would be breaking the law and
violating her probation by leaving the state of New Jersey as recommended by Lifeline,

thereby causing her great mental distress;

j. Negligently failing to consult with an attorney prior or ascertain the

12CASE NO.: 2018-CA-015763

legality of sending a probation felon across state lines in violation of the law;

k. Failing to properly consider and meet Michelle’s prescription medication
needs prior to sending her across the nation to receive treatment;

L Failing to refer Michelle to a psychiatrist or otherwise assist her in
obtaining nevehiatric services:

m. Failing to provide Michelle with proper and appropriate counseling
services for her mental health issues;

n Failing to properly evaluate Michelle’s progress and assess that she
needed to have alternative arrangements due to her psychiatric decline;

oO. Failing to provide a safe environment for Michelle;

p. Failing to adequately supervise Michelle;

q Failing to adequately train staff to provide care, support, and protection for
clients; :

n Failing to heed any of the many requests for psychiatric treatment and help
directly made by Michelle and her sponsor.

74. Michelle was damaged, suffered greatly and eventually lost her life as a result of

Lifeline’s above described acts of negligence, which directly and proximately caused the

damages indicated below.

WHEREFORE, Elizabeth Balzarano, individually, as a survivor of Michelle Balzarano,

and as the Personal Representative of the Estate of Michelle Balzarano, demands judgment

against Lifeline for all damages allowable under Florida Statute § 768.21, Florida’s Wrongful

Death Act, all other damages allowable by law, and demands costs, interest, and a trial by jury.

Plaintiff reserves the right to amend this Complaint to state a claim for punitive damages upon

13CASE NO.: 2018-CA-015763

learning of information through discovery.

COUNT 2: VIOLATION OF FLORIDA STATUTE § 415.1111- LireLINE RECOVERY

Plaintiff hereby incorporates by reference paragraphs 1 through 69 as though fully set
forth herein.

75. At aii times material, Michelle was severely addicted to drugs and suffering from
psychological issues and depression which caused an impairment of her physical, mental and
emotional processes, which substantially interfered with her ability to meet the ordinary demands
of living.

76. At all times material, Michelle was a “vulnerable adult,” under Florida Statute §
415.102, because she was a person 18 years of age or older whose ability to provide for her own
care and protection was impaired due to a severe mental and emotional dysfunction, and a long-
term physical addiction to drugs, Specifically, Michelle was highly addicted to drugs, suffered
from depression, anxiety, and acute psychological distress, Michelle informed the personnel at
Lifeline that she needed psychological treatment and medication for her condition. Lifeline was
informed that Michelle was in a psychological decline and needed help. Lifeline was aware that
MICcHe Was Gépendent On it for Taisportation and Medical arrangemenis, and that ii had sent a
drug addicted person across the nation to receive treatment, in violation of the conditions of her
probation. Lifeline was aware that Michelle was in a sharp mental health decline, that she was
off her medication, and that she was unable on her own to secure the medication she needed to
function normally and survive. At all times material, said Defendant knew or should have known
of the aforementioned diagnoses and conditions. As such, Michelle was unable to provide for

her own care and protection.

77. Lifeline was a “caregiver” to Michelle under Florida Statute § 415.102, because

14CASE NO.: 2018-CA-015763

they were entrusted with and assumed the responsibility for her frequent and regular care and
treatment for substance abuse and recovery. Lifeline had a commitment and understanding that
it would provide for the care and treatment of Michelle, and provide and select a safe
environment for her management of her substance abuse issues. Lifeline held itself out as
providing a safe and effective nrooram for individuals recovering from enhetance aluee igenas,

78, At all times material, Lifeline neglected Michelle by failing to provide the care,
supervision, and services necessary for her to maintain her physical and mental health—
including but not limited to selecting a competent and nonnegligent facility for her treatment,
providing or assisting her in procuring prescription medication management and care, ensuring
availability of treatment, medical oversight, and supervision; failure to arrange for medical
services or transportation for the management of her prescription; failure to arrange for
counseling, therapy and support; failing to arrange for her return to New Jersey; Failing to
continue in its care and treatment of Michelle during her clinical stages, as falsely indicated in
advertisements; and generally failing to provide a safe environment,

79. Lifeline further and blatantly neglected Michelle by ignoring her direct cries for
help and her pleas to receive treatment and medication for her depression and psychological
distress,

80. Michelle lost her life as a direct and proximate result of Lifeline’s neglect, which

directly and proximately caused the damages indicated below.

    

RE, Elizabeth Baizarano, individually, as a survivor of Michelle Balzarano,
and as the Personal Representative of the Estate of Michelle Balzarano, demands judgment
against Lifeline for damages, costs, attorney’s fees, and a trial by jury. Plaintiff reserves the

right to amend this Complaint to state a claim for punitive damages upon learning of information

15CASE NO.: 2018-CA-015763
through discovery.

COUNT 3: BREACH OF FIDUCIARY DUTY- LIFELINE RECOVERY

Plaintiff hereby incorporates by reference paragraphs 1 through 69 as though fully set
forth herein.

8i. At ail times materiai, Lifeline had a fiduciary duty to Michelle, to provide her
with advice, care, treatment, logistical support, and services that she needed as its client. A
fiduciary duty arises by way of Lifeline accepting Michelle Balzarano as a client and offering her
its services as well as advice and recommendations, selecting and securing her treatment path for
drug addiction, Furthermore, a fiduciary duty arises as Lifeline, by and through its officers,
directors, administrators, agents, apparent agents, servants, employees, representatives,
consultants, independent contractors, and/or subsidiaries, provided counseling services for
substance abuse and mental health issues to Michelle while she was in custody in New Jersey.
Accordingly, Lifeline was under a duty to act for and give advice for the benefit of Michelle
within the scope of their relationship. Lifeline promised that it would support and stand by
Michelle, who had followed its recommendations, until she was finished with treatment and on
ihe path 1G recovery.

82. Lifeline breached its fiduciary duty to Michelle for the reasons set forth above.

83. As a direct and proximate result of the breach of Lifeline’s fiduciary duties owed

to Michelle, she died and suffered damages,

WHEREFORE, Elizabeth Balzarano, individually, as a survivor of Michelle Balzarano,
and as the Personal Representative of the Estate of Michelle Balzarano, demands judgment
against Lifeline for all damages allowable by law, and demands costs, interest, and a trial by

jury. Plaintiff reserves the right to amend this Comolaint to state a claim for munitive damages

16CASE NO.: 2018-CA-01'5763

upon learning of information through discovery.

COUNT 4: VIOLATION OF FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT, FLA.
STAT. § 501.204- LiIrELINE RECOVERY

Plaintiff incorporates by reference Paragraphs 1 through 69 as though fully set forth
herein.

84. This cause of action is brought pursuant to the Florida Deceptive and Unfair
Trade Practices Act, Fla. Stat. § 501.201 et seq. (the “Act”). The stated purpose of the Act is to
“protect the consuming public . . . from those who engage in unfair methods of competition, or
WCORSTIONADIE, deceptive, OF UALAir acts OF practices in the conduct of any irade or commerce.”
Fla, Stat. § 501.202 (2)

85. Michelle is a “consumer” and the services provided by at issue in this Complaint
constitute “trade or commerce” as defined by Florida Statute § § 501.203(7) and (8),
respectively,

86. The foregoing course of conduct exhibited by Lifeline, as described above, its
misrepresentations and omissions, constitutes unfair and deceptive trade practices in violation of
Fla. Stat. § 501.204,

87. Consumers and the consuming public under the Act include Florida residents and
non-residents of Florida.

88. In violation of the Act, Lifeline employed fraud, deception, false promise,
misrepresentation, and the inowing conceaiment, suppression, or omission of material facts in
the provisio