JEFFERSON CIRCUIT COURT JUDGE DIVISION. MELISSA ROWE, Individually and as Mother and Next Friend of E.R

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1 NO. MELISSA ROWE, Individually and as Mother and Next Friend of E.R VS. COMPLAINT JEFFERSON CIRCUIT COURT JUDGE DIVISION PLAINTIFF LANA KAELIN c/o Eastern High School Old Shelbyville Road Louisville, Kentucky JO GILL c/o Eastern High School Old Shelbyville Road Louisville, Kentucky NATHANIEL BURNEY c/o Eastern High School Old Shelbyville Road Louisville, Kentucky TERRY SHECKLES c/o Eastern High School Old Shelbyville Road Louisville, Kentucky AND- KIMBERLY HELVEY c/o Eastern High School Old Shelbyville Road Louisville, Kentucky DEFENDANTS * * * * * * * * * * * * * Comes now the Plaintiff, MELISSA ROWE, Individually and as Mother and Next Friend of E.R, in person, by and through Counsel, and for her cause of action herein, states as follows:

2 1. That the Plaintiff, MELISSA ROWE, Individually and as Mother and Next Friend of E. R., is the Mother and Next Friend of E.R., a minor whose date of birth is XX/XX/ That at the time of the injuries complained of herein, E.R. was a ninth grade student at Eastern High School, Old Shelbyville Road, Louisville, Kentucky of the Jefferson County Board of Education d/b/a/ Jefferson County Public School system (hereinafter JCPS ) in Louisville Metro., Jefferson County, Kentucky. 3. That at the time of the injuries complained of herein, the Defendant, LANA KAELIN, was a JCPS employee and Principal of Eastern High School. 4. That at the time of the injuries complained of herein, the Defendant, JO GILL, was a JCPS employee and assistant principal at Eastern High School. 5. That upon Plaintiff s information and belief, at the time of the injuries complained of herein, the Defendant, NATHANIEL BURNEY, was a JCPS employee and was a secretary that was supposed to be certified to take care of E.R. at Eastern High School. 6. That at the time of the injuries complained of herein, the Defendant, TERRY SHECKLES, was a JCPS employee and a special needs teacher at Eastern High School. 7. That at the time of the injuries complained of herein, the Defendant, KIMBERLY HELVEY, was a JCPS employee and acting nurse at Eastern High School. 8. That the Plaintiff brings her claims against Defendant LANA KAELIN in her individual capacity.

3 9. That the Plaintiff brings her claims against Defendant JO GILL in her individual capacity. 10. That the Plaintiff brings her claims against Defendant NATHANIEL BURNEY in his individual capacity. 11. That the Plaintiff brings her claims against Defendant TERRY SHECKLES in her individual capacity; and, further, that for the purposes of the Complaint, the allegations against Defendant Sheckles are limited to Count Three (3) of the Complaint herein. 12. That the Plaintiff brings her claims against Defendant KIMBERLY HELVEY in her individual capacity. FACTS AND COUNT ONE (1) 13. That at all times herein, E.R. was regarded as having a disability pursuant to Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq. (hereinafter, Section 504 ) and/or that E.R. did have a plan of accommodation, a 504 Plan pursuant to Section 504 for the recognized disability of juvenile diabetes. See Exhibit(s) 1 and That on or about February , E.R. sought treatment for her juvenile diabetes from Defendants Helvey and Burney; and, further, that E.R. was then negligently treated by Defendants Helvey and Burney, causing injury. 15. That on or about February 26, 2015, Defendants, Helvey and Burney failed to comply with E.R. s 504 Plan. 16. That Defendant Kaelin, on all occasions herein and hereinafter, failed to provide E.R. a certified nurse in compliance with E.R. s 504 Plan.

4 17. That on or about March 16, 2015, E.R sought treatment for her juvenile diabetes from Defendants Helvey and Burney; and, further, that E.R. was then negligently treated by Defendants, Helvey and Burney, causing injury. 18. That on or about March 16, 2015, Defendants Helvey and Burney failed to comply with E.R. s 504 Plan. 19. That on or about March 17, 2015, E.R sought treatment for her juvenile diabetes from Defendants Helvey and Burney; and, further, that E.R. was then negligently treated by Defendants, Helvey and Burney, causing injury. 20. That on or about March 17, 2015, Defendants Helvey and Burney failed to comply with E.R. s 504 Plan. 21. That on or about March 27, 2015, E.R required treatment for her juvenile diabetes from Defendants Helvey and Burney with her blood sugar at 35, E.R. needed Glucose, but was instead given ten (10) units of insulin! See Exhibit That on or about March 27, 2015 E.R. was negligently treated by Defendants, Helvey and Burney, causing injury. 23. That on or about March 27, 2015, Defendants Helvey and Burney failed to comply with E.R. s 504 Plan. 24. That on or about April 1, 2015, Defendants Helvey and Burney failed to comply with E.R. s 504 Plan. 25. That on or about or before April 1, 2015, E.R. and Plaintiff Melissa Rowe were assured by Defendant Kaelin that a certified nurse would accompany E.R on any field trip. On that day, E.R. joined her classmates on a field trip to the University of

5 Louisville; once again her blood sugar was low, however, there was no one, let alone a certified nurse, to assist E.R. for her treatment of juvenile diabetes. 26. By the foregoing omission of duty on or about April 1, 2015, E.R. was negligently treated for her juvenile diabetes causing her injury. 27. That on or about April , Defendants, Kaelin and Helvey failed to comply with E.R. s 504 Plan. 28. That on or about April 13, 2015, Defendants, failed to comply with E.R. s 504 Plane by not properly storing and/or taking care of her medical supplies needed for her illness and/or disability, and by not contacting Plaintiff MELISSA Rowe when E.R. s blood sugar fell below 70. See Exhibit That for the entire school year, due to the negligence of the Defendant(s), an environment of depraved indifference to E.R. s disability was created that was likely to cause E.R. fear of a diabetic coma, vegetative state, or her death. 30. That for the entire school year(s) the Defendants caused E.R. embarrassment and severe humiliation and/or bouts of confusion, lightheadedness, and severe mental anguish to a degree that the Plaintiff and E.R. felt it was unsafe for E.R. to continue as a student at Eastern High School. 31. That at all times herein and/or on the aforementioned specific dates, the Defendants were negligent in their treatment and care of E.R. causing her injury, and creating an atmosphere wherein E.R. had reason to believe she would suffer a diabetic coma, and/or permanent vegetative state and/or death. 32. That Defendants were entrusted to take care of medical supplies brought to them for treatment of E.R. s juvenile diabetes. Defendant(s) failed to do, thus

6 damaging thousand of dollars worth of E.R. s medical supplies, necessary for her continued health, medical treatment of illness and/or treatment of her disability pursuant to her 504 Plan. 33. That Defendant(s) are negligent per se for the failure to comply with E.R. s 504 Plan. COUNT TWO (2): NEGLIGENCE AND/OR NEGLIGENT SUPERVISION AND/OR NEGLIGENCE PER SE 34. That Complaint Paragraphs One (1) Thirty three (33) are hereby reiterated and incorporated as if fully restated herein. 35. That the Defendant(s), Kaelin, Gill, Helvey, and Burney, each had a duty to exercise ordinary and reasonable care for the safety of E. R.; and, further that Defendant(s), Kaelin, Helvey, Gill and Burney each had an affirmative duty to E.R. to take all reasonable steps to prevent foreseeable harm to her, a student mandatorily placed under their supervision and care. 36. That Defendants knew or should have known that his and/or her acts and/or omissions would likely result in harm to E.R. 37. That as a direct and proximate result of the conduct of the Defendant(s) complained of in the preceding paragraphs, whether by acts of commission or omission, E.R. did suffer personal injuries, including but not limited to fear of falling into a diabetic coma and/or a vegetative state and/or or her death, as well as embarrassment and severe humiliation and/or bouts of confusion, lightheadedness, and severe mental anguish.

7 38. That as a direct result and/or as a substantial factor of the negligence and/or negligent supervision and/or negligence per se of Defendants, the Plaintiff is entitled to recover from said Defendant(s) for the following damages, including but not limited to: supplies; a. Compensatory damages for medical expenses and/or medical b. Pain and suffering, mental anguish; c. Punitive damages as permitted by law. 39. That pursuant to CR 8.01 of the Kentucky Rules of Civil Procedure, the amount in controversy exceeds the minimum jurisdiction of the Jefferson Circuit Court. COUNT THREE (3): BATTERY 40. That Complaint Paragraphs One (1) Thirty eight (38) are reiterated and incorporated as if fully restated herein. 41. That in December, 2014, Defendant Terry Sheckles, did intentionally make harmful, brutal, offensive, unlawful, and unwelcome physical contact against the person of E.R., without reason and against her consent, by dragging E.R. by her arm to the office, because E.R. had a drop of blood where her sure-t on her stomach had been put back in by the nurse leaving bruises on her arm. 42. That the actions of Defendant Terry Sheckles, in December of 2014 against E.R. do constitute the tort of battery. 43. That the actions of Defendant, Terry Sheckles, were intentional, willful and wanton, grossly negligent and in total disregard of the health and safety of E.R, a

8 student under her cares and control; and, further, that Defendant Terry Sheckles did inflict bodily injury upon E.R. 44. While Plaintiff repeatedly asked for a full investigation against Defendant Sheckles by and through Defendant Kaelin, Defendant Kaelin did nothing, thereby condoning child abuse and misdemeanor physical assault by Defendant Sheckles. 45. That pursuant to CR 8.01, the amount in controversy exceeds the minimum jurisdiction of the Jefferson Circuit Court. WHEREFORE, the Plaintiff, MELISSA ROWE, Individually and as Mother and Next Friend of E.R., demands judgment against Defendant(s), Lana Kaelin, Kimberly Helvey, Jo Gill, Nathaniel Burney, and Terry Sheckles, in the manner as follows: A. Compensatory damages in an amount in excess of the jurisdictional limit of the Jefferson Circuit Court; B. Compensatory damages and punitive damages against Defendant, Sheckles pursuant to Count Three of the Complaint herein; C. Damages for the embarrassment, humiliation and all other damages as allowed by Section 504 of the Rehabilitation Act of 1973; D. That punitive damages be allowed for the actions of the Defendants, as follows: a. Gross negligence b. willful and wanton c. callous disregard for the health and well being of E.R. d. depraved indifference E. Joint and several judgments against all Defendants; F. Trial by jury herein;

9 G. Plaintiff s costs herein expended, including reasonable attorneys fees where permitted by law; H. That Defendants be ordered to maintain employment for someone who is certified to treat and care for juvenile diabetes pursuant to the 504 plan implemented and agreed to by he defendants. I. Any and all other relief to which this Plaintiff may appear entitled. Respectfully submitted, TEDDY B. GORDON ANDREW E. MIZE 807 West Market Street 807 West Market Street Louisville, Kentucky Louisville, Kentucky (502) (502) Tbearaty@AOL.com MizeEsq@Gmail.com Counsel for Plaintiff Counsel for Plaintiff PETER J. JANNACE 807 West Market Street Louisville, Kentucky (502) Counsel for Plaintiff

10 Plaintiff, MELISSA ROWE, Individually, and as Mother and Next Friend of E.R., states that she has read the allegations of the foregoing Complaint, and that the statements contained herein are true and correct as she verily believes. MELISSA ROWE SUBSCRIBED AND SWORN to before me by MELISSA ROWE, on this day of May, My commission expires:. NOTARY PUBLIC, State at Large, KY