This case was last updated from U.S. District Courts on 07/28/2022 at 06:14:36 (UTC).

Booth v. Lazzara et al

Case Summary

On July 26, 2022, Brandi Booth (“Brandi”), as Administratrix of the Estate of Dustin L. Booth (“Plaintiff”), represented by Konrad Kircher and Ryan J. McGraw of Rittgers & Rittgers, filed a personal injury lawsuit against Jonathan Lazzara, DO (“Lazzara”), Atrium Medical Center (“Atrium”), Robert Buchanan (“Buchanan”), Mike Rosenbalm (“Rosenbalm”), Brian Curlis (“Curlis”), and others, seeking damages for alleged malpractice and wrongful death. This case was filed in the U.S. District Court for the Southern District of Ohio, with Judges Michael J. Newman and Peter B. Silvain, Jr. presiding.

 In the complaint, the plaintiff stated, “This medical malpractice, civil rights, wrongful death, survivorship and disability action challenges: a) Defendants’ failure to properly diagnose and treat Dustin L. Booth (‘Dustin’) while he was hospitalized at Atrium Medical Center from February 1, 2022 to February 7, 2022; b) Defendants’ unconstitutional stop and seizure of Dustin, an individual whom Defendants knew to be having a mental health crisis, on February 11, 2022; c) Defendants’ use of excessive force against Dustin which ultimately resulted in his death; and d) Defendants’ discrimination against Dustin based on his disability.”

The plaintiff further stated, “In late January of 2022, Dustin became manic and irrational, emphatically stating that the earth was flat, that there was no Antarctica, and that there was a stairway to heaven. A crisis intervention specialist arrived and confirmed that Dustin needed to be hospitalized.”

The plaintiff alleged, “Dustin remained in Atrium’s behavioral health unit – and under the care of Lazarra – from February 1 to February 7, 2022 when he was discharged. During Dustin’s time at Atrium, Lazzara failed to properly diagnose Dustin with cannabis use disorder or counsel him on ceasing to utilize the vape pen upon discharge. In fact, when Dustin was discharged, Brandi was told that Atrium could not keep him any longer because he was not a threat to himself or others, and Dustin left without any scheduled follow-up mental health treatment or education on his proper diagnosis.”

The plaintiff further alleged, “On Friday afternoon, February 11, around 2:00 p.m., Brandi was driving in their neighborhood when she saw Dustin at a stop sign in a new truck. Dustin proceeded to get out of the truck and do a dance. Upon seeing this concerning behavior, Brandi called 911 and told dispatch that Dustin was ‘a danger to himself or others,’ because that was the language she learned was necessary to get Dustin in-patient help.”

The plaintiff also alleged, “Despite knowledge that Dustin was experiencing a mental health crisis and in possession of a firearm, Buchanan and Rosenbalm overruled Myers and instructed the officers to conduct the high-risk traffic stop. The force used by Doughman against Dustin was excessive and used in the absence of any reasonable suspicion or probable cause that he had committed any crime. When Dustin got up from the ground, he was holding a handgun removed from his clothing and was then shot multiple times by Doughman, Payne, and three of Payne’s subordinates. As a result of the gunshots, Dustin eventually died, but only after telling the officers he loved them.”

Plaintiff stated ten claims for relief, including claims for the alleged wrongful death, negligence, professional negligence, unlawful seizure and detention, excessive force, failure to train, inadequate supervision, ratification, and violation of the Americans with Disabilities Act.

 In its prayer for relief, the plaintiff requested an award of compensatory and punitive damages, along with costs and reasonable attorney’s fees.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-00197

  • Filing Date:

    07/26/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

Judge Details

Presiding Judge

Michael J. Newman

Referral Judge

Peter B. Silvain, Jr

 

Party Details

Plaintiff

Administratrix Brandi Booth

Defendants

DO Jonathan Lazzara

Atrium Medical Center

Robert Buchanan

Mike Rosenbalm

Brian Curlis

Caleb Payne

Fred Doughman

Aaron Ledford

Drew Aspacher

City of Monroe, Ohio

Attorney/Law Firm Details

Plaintiff Attorneys

Ryan J McGraw

Attorney at Rittgers & Rittgers

12 East Warren Street

Lebanon, OH 45036

Konrad Kircher

Attorney at Rittgers & Rittgers

12 East Warren Street

Lebanon, OH 45036

 

Court Documents

#1

(#1) COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8971957), filed by Brandi Booth. (Kircher, Konrad) (Entered: 07/26/2022)

#2

(#2) NOTICE of Appearance by Ryan J McGraw for Plaintiff Brandi Booth (McGraw, Ryan) (Entered: 07/26/2022)

#3

(#3) NOTICE by Plaintiff Brandi Booth re #1 Complaint CIVIL COVER SHEET (McGraw, Ryan) (Entered: 07/26/2022)

 

Docket Entries

  • 07/26/2022
  • View Court Documents
  • Docket(#3) NOTICE by Plaintiff Brandi Booth re #1 Complaint CIVIL COVER SHEET (McGraw, Ryan) (Entered: 07/26/2022)

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  • 07/26/2022
  • View Court Documents
  • Docket(#2) NOTICE of Appearance by Ryan J McGraw for Plaintiff Brandi Booth (McGraw, Ryan) (Entered: 07/26/2022)

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  • 07/26/2022
  • View Court Documents
  • Docket(#1) COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8971957), filed by Brandi Booth. (Kircher, Konrad) (Entered: 07/26/2022)

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