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32C01-2312-CT-000230 Filed: 12/8/2023 11:23 AM
Clerk
Hendricks Circuit Court Hendricks County, Indiana
STATE OF INDIANA ) HENDRICKS SUPERIOR COURT
) SS:
COUNTY OF HENDRICKS ) CAUSE NO.
JANE DOE, )
)
Plaintiff, )
)
v. ) JURY TRIAL DEMANDED
)
ROC A. BYRD and )
CORNERSTONE CHIROPRACTIC, P.C., )
)
Defendants. )
COMPLAINT FOR DAMAGES AND JURY DEMAND
Plaintiff, given the sensitivity of the sexual nature of the battery claims made in this case,
is named anonymously as Jane Doe, and by counsel, for her cause of action against the
Defendants, Roc A. Byrd and Cornerstone Chiropractic, P.C., states as follows:
1. This is a civil action for injuries and damages that the Plaintiff, Jane Doe,
sustained as a result of the battery and intentional infliction of emotional distress of Defendant,
Byrd and the negligent infliction of emotional distress and negligence of Defendant, Cornerstone
Chiropractic, P.C. to allow such torts to occur.
2. At all relevant times, Defendant, Roc Byrd was the principal owner and sole
chiropractor at Defendant, Cornerstone Chiropractic, P.C.
3. Defendant, Roc Byrd is an Indiana licensed chiropractor.
4. At all relevant times, Defendant, Cornerstone Chiropractic, P.C. was a Domestic
Professional Corporation organized under the laws of the State of Indiana, with its principal
office located at 5250 E US Highway 36, Ste 140, Avon Indiana 46213.
5. Plaintiff began seeing Defendant, Roc Byrd for chiropractic treatment at the
address in Avon, Indiana following a car accident occurring in April 2019. Plaintiff sought
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treatment for various injuries, including a sprained neck to hip, carpal tunnel, cubital tunnel,
retina damage and other injuries.
6. Plaintiff continued to see Defendant, Roc Byrd for chiropractic treatment from
April 2019 to February 2023.
7. On numerous occasions between April 2019 to February 2023, including
numerous occasions between December 1, 2021 to February 2023, during her treatments with
Defendant, Roc Byrd at the Avon, Indiana location, Roc Byrd compelled Plaintiff to touch his
penis and he intentionally touched Plaintiff’s vagina, all without Plaintiff’s consent. Said
touching was done in a rude and insolent manner.
8. Defendant, Cornerstone Chiropractic, P.C. failed to have a female employee in
the room, failed to provide necessary safeguards to protect its patients, and failed to properly
oversee, train and manage its chiropractors to protect its patients.
Count I – Battery
(against Defendant Roc Byrd)
9. Plaintiffs repeat and reallege Paragraphs 1-8 as though fully set forth herein.
10. Defendant Roc Byrd committed battery on Plaintiff and touched Plaintiff in a rude
and insolent manner.
11. Plaintiff was damaged as a result.
12. Defendant, Roc Byrd’s conduct was willful, oppressive, maliciously intentional,
and committed with a wanton disregard of Plaintiff such that punitive damages are recoverable
against Defendant, Roc Byrd.
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Count II – Intentional Infliction of Emotional Distress
(against Defendant Roc Byrd)
13. Plaintiffs repeat and reallege Paragraphs 1-12 as though fully set forth herein.
14. The acts of Defendant, Roc Byrd were intentional or reckless.
15. The acts of Defendant, Roc Byrd were extreme and outrageous.
16. The acts of Defendant, Roc Byrd caused severe emotional distress in Plaintiff.
17. Defendant, Roc Byrd’s conduct was willful, oppressive, maliciously intentional,
and committed with a wanton disregard of Plaintiff such that punitive damages are recoverable
against Defendant, Roc Byrd.
Count III – Negligent Infliction of Emotional Distress
18. Plaintiffs repeat and reallege Paragraphs 1-17 against Defendants as though fully
set forth herein.
19. Defendant, Cornerstone Chiropractic, P.C. failed to exercise reasonable care and
properly ensure for Plaintiff’s safety. Its failures included failing to have a female employee in
the room, failing to provide necessary safeguards to protect its patients, and failing to properly
oversee, train and manage its chiropractors to protect its patients.
20. As a result of the negligence of Defendant, Cornerstone Chiropractic, P.C.,
Defendant, Roc Byrd was able to commit battery and intentional infliction of emotional distress
on Plaintiff, with the despicable acts of Defendant, Roc Byrd causing severe emotional distress
in Plaintiff.
21. The acts of Defendant, Roc Byrd caused severe emotional distress in Plaintiff.
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Count IV – Negligence
22. Plaintiffs repeat and reallege Paragraphs 1-21 against Defendants as though fully
set forth herein.
23. Defendant, Cornerstone Chiropractic, P.C. failed to exercise reasonable care and
properly ensure for Plaintiff’s safety. Its failures included failing to have a female employee in
the room, failing to provide necessary safeguards to protect its patients, and failing to properly
oversee, train and manage its chiropractors to protect its patients.
24. Plaintiff was damaged as a result.
WHEREFORE, the Plaintiff, Jane Doe (named anonymously due to the nature of the
claims made), demands judgment against the Defendants, Roc A. Byrd and Cornerstone
Chiropractic, P.C., and prays as follows:
1. For reasonable compensatory damages against Defendants, Roc A. Byrd and
Cornerstone Chiropractic, P.C. for the severe emotional distress caused by
Defendants’ acts and negligence;
2. For punitive damages against Defendant Roc Byrd from the willful,
oppressive, maliciously intentional acts of Defendant, Roc Byrd that were
committed with a wanton disregard of Plaintiff;
3. For pre- and post-judgment interest;
4. For the costs of this action; and
5. For all other proper relief.
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Respectfully submitted,
/s/ Steven P. Lammers
Charles C. Hayes24220-53
HAYES RUEMMELE, LLC
22 E. Washington Street Ste. 610
Indianapolis, IN 46204
317-491-1050, FAX 317-491-1043
Charles@chjrlaw.com
Steven P. Lammers, 26443-64
Mandel Rauch & Lammers, P.C.
704 Adams Street, Suite F
Carmel, IN 46032
(317) 581-7440
slammers@mhmrlaw.com
Attorneys for Plaintiff
JURY TRIAL DEMAND
Plaintiff respectfully request that this matter be tried by a jury on all issues.
/s/ Steven P. Lammers
Charles C. Hayes24220-53
HAYES RUEMMELE, LLC
22 E. Washington Street Ste. 610
Indianapolis, IN 46204
317-491-1050, FAX 317-491-1043
Charles@chjrlaw.com
Steven P. Lammers, 26443-64
Mandel Rauch & Lammers, P.C.
704 Adams Street, Suite F
Carmel, IN 46032
(317) 581-7440
slammers@mhmrlaw.com
Attorneys for Plaintiff
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Preview
32C01-2312-CT-000230 Filed: 12/8/2023 11:23 AM Clerk Hendricks Circuit Court Hendricks County, Indiana STATE OF INDIANA ) HENDRICKS SUPERIOR COURT ) SS: COUNTY OF HENDRICKS ) CAUSE NO. JANE DOE, ) ) Plaintiff, ) ) v. ) JURY TRIAL DEMANDED ) ROC A. BYRD and ) CORNERSTONE CHIROPRACTIC, P.C., ) ) Defendants. ) COMPLAINT FOR DAMAGES AND JURY DEMAND Plaintiff, given the sensitivity of the sexual nature of the battery claims made in this case, is named anonymously as Jane Doe, and by counsel, for her cause of action against the Defendants, Roc A. Byrd and Cornerstone Chiropractic, P.C., states as follows: 1. This is a civil action for injuries and damages that the Plaintiff, Jane Doe, sustained as a result of the battery and intentional infliction of emotional distress of Defendant, Byrd and the negligent infliction of emotional distress and negligence of Defendant, Cornerstone Chiropractic, P.C. to allow such torts to occur. 2. At all relevant times, Defendant, Roc Byrd was the principal owner and sole chiropractor at Defendant, Cornerstone Chiropractic, P.C. 3. Defendant, Roc Byrd is an Indiana licensed chiropractor. 4. At all relevant times, Defendant, Cornerstone Chiropractic, P.C. was a Domestic Professional Corporation organized under the laws of the State of Indiana, with its principal office located at 5250 E US Highway 36, Ste 140, Avon Indiana 46213. 5. Plaintiff began seeing Defendant, Roc Byrd for chiropractic treatment at the address in Avon, Indiana following a car accident occurring in April 2019. Plaintiff sought 1 treatment for various injuries, including a sprained neck to hip, carpal tunnel, cubital tunnel, retina damage and other injuries. 6. Plaintiff continued to see Defendant, Roc Byrd for chiropractic treatment from April 2019 to February 2023. 7. On numerous occasions between April 2019 to February 2023, including numerous occasions between December 1, 2021 to February 2023, during her treatments with Defendant, Roc Byrd at the Avon, Indiana location, Roc Byrd compelled Plaintiff to touch his penis and he intentionally touched Plaintiff’s vagina, all without Plaintiff’s consent. Said touching was done in a rude and insolent manner. 8. Defendant, Cornerstone Chiropractic, P.C. failed to have a female employee in the room, failed to provide necessary safeguards to protect its patients, and failed to properly oversee, train and manage its chiropractors to protect its patients. Count I – Battery (against Defendant Roc Byrd) 9. Plaintiffs repeat and reallege Paragraphs 1-8 as though fully set forth herein. 10. Defendant Roc Byrd committed battery on Plaintiff and touched Plaintiff in a rude and insolent manner. 11. Plaintiff was damaged as a result. 12. Defendant, Roc Byrd’s conduct was willful, oppressive, maliciously intentional, and committed with a wanton disregard of Plaintiff such that punitive damages are recoverable against Defendant, Roc Byrd. 2 Count II – Intentional Infliction of Emotional Distress (against Defendant Roc Byrd) 13. Plaintiffs repeat and reallege Paragraphs 1-12 as though fully set forth herein. 14. The acts of Defendant, Roc Byrd were intentional or reckless. 15. The acts of Defendant, Roc Byrd were extreme and outrageous. 16. The acts of Defendant, Roc Byrd caused severe emotional distress in Plaintiff. 17. Defendant, Roc Byrd’s conduct was willful, oppressive, maliciously intentional, and committed with a wanton disregard of Plaintiff such that punitive damages are recoverable against Defendant, Roc Byrd. Count III – Negligent Infliction of Emotional Distress 18. Plaintiffs repeat and reallege Paragraphs 1-17 against Defendants as though fully set forth herein. 19. Defendant, Cornerstone Chiropractic, P.C. failed to exercise reasonable care and properly ensure for Plaintiff’s safety. Its failures included failing to have a female employee in the room, failing to provide necessary safeguards to protect its patients, and failing to properly oversee, train and manage its chiropractors to protect its patients. 20. As a result of the negligence of Defendant, Cornerstone Chiropractic, P.C., Defendant, Roc Byrd was able to commit battery and intentional infliction of emotional distress on Plaintiff, with the despicable acts of Defendant, Roc Byrd causing severe emotional distress in Plaintiff. 21. The acts of Defendant, Roc Byrd caused severe emotional distress in Plaintiff. 3 Count IV – Negligence 22. Plaintiffs repeat and reallege Paragraphs 1-21 against Defendants as though fully set forth herein. 23. Defendant, Cornerstone Chiropractic, P.C. failed to exercise reasonable care and properly ensure for Plaintiff’s safety. Its failures included failing to have a female employee in the room, failing to provide necessary safeguards to protect its patients, and failing to properly oversee, train and manage its chiropractors to protect its patients. 24. Plaintiff was damaged as a result. WHEREFORE, the Plaintiff, Jane Doe (named anonymously due to the nature of the claims made), demands judgment against the Defendants, Roc A. Byrd and Cornerstone Chiropractic, P.C., and prays as follows: 1. For reasonable compensatory damages against Defendants, Roc A. Byrd and Cornerstone Chiropractic, P.C. for the severe emotional distress caused by Defendants’ acts and negligence; 2. For punitive damages against Defendant Roc Byrd from the willful, oppressive, maliciously intentional acts of Defendant, Roc Byrd that were committed with a wanton disregard of Plaintiff; 3. For pre- and post-judgment interest; 4. For the costs of this action; and 5. For all other proper relief. 4 Respectfully submitted, /s/ Steven P. Lammers Charles C. Hayes24220-53 HAYES RUEMMELE, LLC 22 E. Washington Street Ste. 610 Indianapolis, IN 46204 317-491-1050, FAX 317-491-1043 Charles@chjrlaw.com Steven P. Lammers, 26443-64 Mandel Rauch & Lammers, P.C. 704 Adams Street, Suite F Carmel, IN 46032 (317) 581-7440 slammers@mhmrlaw.com Attorneys for Plaintiff JURY TRIAL DEMAND Plaintiff respectfully request that this matter be tried by a jury on all issues. /s/ Steven P. Lammers Charles C. Hayes24220-53 HAYES RUEMMELE, LLC 22 E. Washington Street Ste. 610 Indianapolis, IN 46204 317-491-1050, FAX 317-491-1043 Charles@chjrlaw.com Steven P. Lammers, 26443-64 Mandel Rauch & Lammers, P.C. 704 Adams Street, Suite F Carmel, IN 46032 (317) 581-7440 slammers@mhmrlaw.com Attorneys for Plaintiff 5