2017-00208660-CU-PA

Tyrone Shacklefoot vs. One Call Care Management

Nature of Proceeding: Motion to Strike Portions of Plaintiff’s Second Amended Complaint

Filed By: Lee, Matthew E.

The motion of Defendants One Call Medical, Inc. (NJ) dba One Call Care Management and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “Defendants”) to strike the punitive damages claim from the second amended complaint (“SAC”) is ruled upon as follows.

This is a personal injury case. Plaintiff Tyrone Shacklefoot (“Shacklefoot”) alleges that Defendants provide home health care and transportation to/from medical appointments for injured workers. He alleges that in September 2016 other defendants, as Defendants’ agents, were transporting him him and were involved in a collision that rendered him a paraplegic. He alleges he weighed close to 500 lbs. at the time, and that the taxicab used to transport him did not have a suitable passenger restraint system.

Defendants move to strike the punitive damages allegations on the ground that Plaintiff fails to sufficiently allege that an officer ratified the conduct giving rise to punitive damages.

The Court disagrees. Here, Shacklefoot alleges, on information and belief, that One Call’s CEO, Dale B. Wolfe, “was at all times involved in setting corporate policy regarding providing services to injured workers.” (SAC, ¶ 44(B).) “On information and belief, Mr. Wolfe was personally involved in corporate policies designed to under-cut the pricing structure of the true medical transport companies by using the “bottom line”

of taxi cab operators . . . many of which were un-maintained such that Plaintiff was not able to buckle his seatbelt. . . .Mr. Wolfe, personally knew full well that [One Call] (and Mr. Wolfe) were providing a service that was dangerous to workers compensation-injured persons.” (SAC, ¶ 44(B).)

At this stage of the proceedings, these allegations are sufficient. The motion to strike is DENIED.

Defendants shall file and serve an answer by no later than June 14, 2018.