IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

JOHN RUNDLETT, INC - Plaintiff

v
DONALD POSNER - Defendant
CASE NO. 24-C-02-00380
COMPLAINT
STATEMENT OF CLAIM
Now comes Kathleen Parks, Gary Parks, Jodi Columbo individually, and as Personal
Representative for the Estate of Kenneth Parks, claimants herein, by their attorneys, Rodney M.
Gaston, and Miller & Zois, LLC, and hereby file this claim against the above named defendant
and in support thereof states as follows:
FACTS
1. That Gary Parks is a resident of the State of North Carolina and is the surviving son of
the late Kenneth Parks.
2. That Jodi Columbo is the surviving daughter of the late Kenneth Parks and is the
Personal Representative of the Estate of Kenneth Parks and resides in the State of
Maryland.
3. That Kathleen Parks is the surviving spouse of the late Kenneth Parks and resides in the
State of Maryland.
4. That Kenneth Parks died on June 4, 2010, at Washington Hospital Center, now know as
Meritus Medical Center, Inc, in Washington County, Maryland.
5. That at all times herein Washington Hospital Center, now known as Meritus Medical
Center, Inc. was and still is a viable Maryland Corporation with its principle place of
business located at 251 East Antietam Street, Hagerstown MD.
6. That pursuant to Maryland Rule 15-1001, all persons who are entitled to bring a wrongful
death action under applicable Maryland laws are named as claimants in this complaint
and are being represented by Rodney M. Gaston, and Miller & Zois, LLC.
7. That this action is being brought under both the Maryland Wrongful Death Statute and
the Maryland Statutes pertaining to actions involving medical malpractice.
8. That Defendant Meritus Medical Center, Inc. (previously known as Washington Hospital
Center) is a Maryland Corporation providing medical services to the citizens of

Maryland, including the Kenneth Parks, with its principle place of business located at 251
East Antietam Street, Hagerstown MD.
9. That at all times relevant herein the Defendant owned and operated a Hospital located at
251 East Antietam Street, Hagerstown MD
10. That the late Kenneth Parks was a patient at the Defendants hospital at 251 East
Antietam Street, Hagerstown MD and received medical care and treatment at the
Defendants hospital from the time period of approximately March 23, 2010, up to the
time of his death on June 4, 2010.
11. That at all times relevant, the Defendant employed various medical providers, nurses, and
medical staff, at its Hospital located at 251 East Antietam Street, Hagerstown, MD to
include but not limited to Mohamed Malik, M.D., and Ronnie Schmidt, R.N., and these
employees/servants/agents were acting within the scope of their employment with the
Defendant when they rendered medical care to the late Kenneth Parks. They failed to
follow the applicable standard of medical care during their care and treatment of the late
Kenneth Parks, at 251 East Antietam Street, Hagerstown, Maryland which proximately
resulted in a physical injury to the late Kenneth Parks and proximately caused his death.
12. That the amount of this claim exceeds the jurisdictional limit of the District Court of
Maryland and the appropriate venue for this claim is Washington County Circuit Court,
Maryland because the medical care provided to the late Kenneth Parks by the Defendant
and its agents and employees occurred in Washington County, Maryland and the
wrongful death of the late Kenneth Parks occurred in Washington County Maryland..
13. That the acts of medical malpractice leading to the death of Kenneth Park occurred on or
about March 24, 2010, and thereafter, in the State of Maryland.
14. That the standard of medical care applicable to the Defendant for the medical care and
treatment it provided to the late Kenneth Parks (also referred to herein as the patient)
while he was an inpatient at the Defendants hospital included but was not limited to: 1)
order a one to one sitter, 2) order a posey restraint, and 3) request that a physician order a
prescription for a one to one sitter after informing the patients family that a sitter would
be provided for the patient.
15. That the Defendant, by and through its nurses, employees, and medical staff, breached the
standard of applicable medical care owed to Kenneth Parks by: 1) failing to order a one to
one sitter for the patient, 2) failing to provide a posy restraint for the patient, 3) failing to
request that a physician write a prescription for a one to one sitter after informing the
patients family that a sitter would be provided for the patient. That attached hereto and
incorporated by reference herein are the Plaintiffs Certificate of Qualified Expert
(Exhibit 1) and Plaintiffs Expert Report (Exhibit 2).
16. That as a direct and proximate result of the Defendants failure to provide the proper
medical care mentioned in paragraph number 14 above, and by breaching the applicable

standard of medical care owed to the late Kenneth Parks, by and through its
employees/servants, the late Kenneth Parks fell in the defendants hospital, suffered a
physical injury, which in turn was the proximate cause of his death.
17. That all of the injuries, damages, and death sustained by the late Kenneth Parks resulted
from the negligent actions and breaches of the applicable standards of medical care by the
Defendant by and through its employees and agents, without any act or omission on the
part of the late Kenneth Parks, or on the part of any of the Plaintiffs herein, directly
thereunto contributing.
18. That the late Kenneth Parks, and all of the Plaintiffs herein, did not assume the risk of
Kenneth Parks injuries and death.
19. That as a direct and proximate result of the negligent actions and breaches of the
applicable standards of medical care by the Defendant; Kenneth Parks suffered physical
injuries, conscious pain and suffering, and other damages.
COUNT I: Medical Malpractice/Wrongful Death
21. The Plaintiffs re-allege and incorporate by reference herein all of the allegations
contained in paragraphs 1-19 above.
22. That on or about March 24, 2010, and thereafter, the Defendants by and through their
employees/servant/agents breached the applicable standard of medical care owed to the
late Kenneth Parks, which directly caused a physical injury and death of Kenneth Parks
on June 4, 2010.
23. That as a direct result of the negligence and breaches of the applicable standard of
medical care by the Defendant, by and through its nurses, employees, and medical staff,
resulting in the death of the late Kenneth Parks, the Plaintiffs sustained those damages as
outlined in the Annotated Code of Maryland, Courts and Judicial Proceedings Article,
Section 3-904, to include but not limited to, mental anguish, emotional pain and
suffering, and loss of companionship.
WHEREFORE: The Plaintiffs Kathleen Parks, Gary Parks, and Jodi Columbo
individually, claim monetary damages against the Defendant in an amount that exceeds
the jurisdiction of the District Court of Maryland, to be determined at trial, plus costs, and
for any further relief that this Honorable Court determines necessary and appropriate.
COUNT II Medical Malpractice / Negligence / Survival Action
The Plaintiffs re-allege and incorporate by reference herein all of the allegations
contained in paragraphs 1-23 above.

24. That the Estate of Kenneth Parks was opened on or about June 29, 2010, in Washington
County, Maryland and Jodi Columbo was appointed as Personal Representative of the
Estate.
25. That Jodi Columbo as the Personal Representative of the Estate of Kenneth Parks brings
this claim for the conscious pain and suffering and physical injuries, medical expenses,
and other damages that the late Kenneth Parks experienced from March 26, 2010, up until
the time of his death on June 4, 2010, as a direct and proximate result of the negligence
and breaches of the applicable standard of medical care by the Defendant, by and through
its nurses, employees, and medical staff.
WHEREFORE: Plaintiff Jodi Columbo, as Personal representative of the Estate of
Kenneth Parks claim monetary damages against the Defendant in an amount that exceeds
the jurisdiction of the District Court of Maryland, to be determined at trial, plus costs, and
for any further relief that this Honorable Court determines necessary and appropriate.

Respectfully submitted,
MILLER & ZOIS, LLC
Rodney M. Gaston
1 South St, #2450
Baltimore, MD 21202
(410) 779-4600
(410) 760-8922 (facsimile)
Attorneys for Plaintiffs

Respectfully submitted, MILLER & ZOIS, LLC

Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
(410)760-8922 (fax)