DOCUMENT 2

ELECTRONICALLY FILED
9/18/2020 10:55 AM
47-CV-2020-901316.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
DEBRA KIZER, CLERK
IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

MATT HORNBUCKLE, as Personal )

Representative of the Estate of JAMES )
CAPPELLO; )
)
Plaintiff, ) JURY DEMAND
)
v. ) 47-CV-2020-________
)
MARJORIE NICOLE CAPPELLO; )
NORTH ALABAMA-AMG SPECIALTY )
HOSPITAL, LLC; and NORTH )
ALABAMA SPECIALTY HOSPITAL, )
LLC;
There may be other entities whose true names and identities are unknown to
plaintiff at this time who may be legally responsible for the claim(s) set forth
herein. The true names and identities will be added by amendment by plaintiff
when their true names and identities are accurately ascertained by further
discovery. Until that time, plaintiff will designate these parties in accordance
with ARCP 9(h). The word entity as used herein is intended to refer to and
include any and all legal entities including individual persons, any and all
forms of partnership, any and all types of corporations and unincorporated
associations.

Fictitious Defendant A being the correct legal name of the entity identified
herein as North Alabama-AMG Specialty Hospital, LLC d/b/a North Alabama
Specialty Hospital;

Fictitious Defendant B, C, D being the correct legal name of the individual,

corporation, or other entity that is legally responsible for the death of James
Cappello;

Fictitious Defendants E, F, G being that or those individuals, corporation(s),

or other entity that employed, retained, or were legally responsible for the
conduct of named defendants;

Fictitious Defendants H, I, J being that or those individuals, corporation(s), or

other entity that employed, retained, or were legally responsible for the
administration, handling, monitoring, disposal and security of medication;

Fictitious Defendants K, L, M being that or those individuals, corporation(s),

or other entity that employed, retained, or were legally responsible for the
conduct of Marjorie Nicole Cappello;
)
Defendants. )

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COMPLAINT

1. Plaintiff Matt Hornbuckle is the personal representative of the Estate of James

Cappello and is a resident of Madison County, Alabama.
2. Based upon information and belief, defendant Marjorie Nicole Cappello, is an adult
resident of Madison County, Alabama.
3. Defendant North Alabama-AMG Specialty Hospital, LLC owns and operates, and
manages hospital operations at a Long Term Acute Care Hospital (LTACH) known as North
Alabama Specialty Hospital, LLC located at 700 West Market Street, 2nd Floor, Athens, Alabama
35611. North Alabama-AMG Specialty Hospital, LLC can be served through its registered agent,
Clark V. Stewart, at 755 Walnut Street, Gadsden, AL 35901.
4. Defendant North Alabama Specialty Hospital, LLC is a hospital providing long
term acute care and health services located at 700 West Market Street, 2nd Floor, Athens, Alabama
35611. North Alabama Specialty Hospital, LLC can be served through its registered agent, David
Pryor, at 700 West Market Street, Athens, Alabama 35611.
5. The true names and identities of the other fictitiously named defendants are
unknown to Plaintiff at this time and will be added by amendment in accordance with Rule 9(h)
of the Alabama Rules of Civil Procedure when their true names and identities are ascertained.
6. North Alabama Specialty Hospital, LLC is an acute care hospital licensed by the
Alabama State Board of Health and subject to the Rules of Alabama State Board of Health,
Division of Licensure and Certification, Ala. Admin. Code, Chapter 420-5-7.
7. The State and Federal laws and regulations described above create a legal duty that
requires Defendants to monitor controlled substances as well as monitor staff to avoid diverting
medications.
8. Plaintiff asserts that defendants North Alabama-AMG Specialty Hospital, LLC
and/or North Alabama Specialty Hospital, LLC breached their duty to provide appropriate
supervision of defendant Marjorie Nicole Cappello and failed to properly monitor controlled
medications to avoid diverting of same, and these acts or omissions caused the death of James
Cappello.

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9. The acts and omissions complained of occurred in both Limestone County and
Madison County, Alabama, and the amount in controversy exceeds the jurisdictional limit of this
court.
FACTUAL ALLEGATIONS

10. In September of 2018 Defendant Marjorie Nicole Cappello was employed as a

nurse at North Alabama Specialty Hospital, LLC, a hospital providing long term acute care and
health services, located on the 2nd floor of Athens Limestone Hospital, located at 700 West Market
Street, Athens, Alabama 35611.
11. North Alabama Specialty Hospital, LLC did not properly monitor and/or supervise
Ms. Cappello, allowing her to exploit blind spots in how the hospital administrated, handled,
monitored, disposed of and/or secured controlled medications, and turned a blind eye to the lack
of appropriate controlled access and lack of gate keepers in regard to how medications were
handled.
12. Ms. Cappello stole one or more medications from the hospital, including insulin.
13. After acquiring insulin from the hospital, Ms. Cappello used the insulin to poison
her husband, James Cappello, resulting in his death.
14. Following the death of James Cappello, Ms. Cappello filed a missing persons
report. She then called a friend, admitting to killing her husband with insulin and asked for help to
dispose of the body.
15. Mr. Cappello was subsequently discovered by police in the garage of the Cappello
home, with efforts to dig a shallow grave having been started in the yard.
16. After Mr. Cappello’s death it was uncovered that insulin was missing from the
hospital where Ms. Cappello worked as a nurse.
17. Defendant North Alabama-AMG Specialty Hospital, LLC is charged with the
management of hospital operations of North Alabama Specialty Hospital, LLC and has a duty to
not hire or engage individuals who constitute a direct threat to the property or safety of others.
18. Defendant North Alabama Specialty Hospital, LLC and/or North Alabama-AMG
Specialty Hospital, LLC had a duty to assure prescription and controlled medications and supplies
were handled properly to minimize risks.
19. James Cappello died on or about September 22, 2018.

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COUNT ONE:
WRONGFUL DEATH
MARJORIE NICOLE CAPPELLO

20. Plaintiff adopts and re-alleges the allegations set forth in items one through
nineteen, above, as if set forth in full herein.
21. Plaintiff alleges that Defendant Marjorie Nicole Cappello’s wrongful acts and/or
negligence directly and proximately caused the death of James Cappello, as evidenced by:
a. The fact that Defendant Marjorie Nicole Cappello was the only known occupant of the
Cappello’s home at the time James Cappello was killed.
b. The fact that the insulin injected into James Cappello, which caused his death, was in
the custody and control of Defendant Marjorie Nicole Cappello.
c. The fact that Defendant Marjorie Nicole Cappello had access to insulin through her
employer North Alabama-AMG Specialty Hospital, LLC and/or North Alabama
Specialty Hospital, LLC.
d. The fact that insulin was found to be missing from North Alabama Specialty Hospital,
LLC following Mr. Cappello’s death.
e. The evidence indicating Mr. Cappello was found in the garage of the Cappello home,
after Defendant Marjorie Nicole Cappello, and while she was still residing in the home.
f. The evidence indicating the Cappello home had a strong odor of decomposition while
Defendant Marjorie Nicole Cappello was still residing in the home.
g. The evidence indicating a shallow grave had been dug in the back yard of the Cappello
home, after Defendant Marjorie Nicole Cappello, and while she was still residing in
the home.
h. The false information Defendant Marjorie Nicole Cappello initially provide to the
Huntsville Police Department.
22. Matt Hornbuckle, as personal representative of the Estate of James Cappello, is
entitled to punitive damages imposed for the preservation of human life and to deter similar
wrongful conduct.
23. WHEREFORE, Matt Hornbuckle, as personal representative of the Estate of James
Cappello, demands a judgment against Marjorie Nicole Cappello, in an amount to be determined
by a jury, plus interest and costs.

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COUNT TWO -- NEGLIGENCE

MARJORIE NICOLE CAPPELLO

24. Plaintiff adopts and re-alleges the allegations set forth in items one through twenty-
three, above, as if set forth in full herein.
25. On or about September 20, 2020, Marjorie Nicole Cappello owed a duty to James
Cappello, deceased, to exercise reasonable care and diligence to rescue him from peril which she
created or contributed to create.
26. On or about September 20, 2020, Marjorie Nicole Cappello, breached her duty
and/or acted negligently by knowingly injecting James Cappello with insulin, contrary to any
known medical condition, resulting in a state where he was in emergent need of medical assistance.
Specifically, Marjorie Nicole Cappello breached her duty by then failing to render aid or even call
9-1-1.
27. As a direct and proximate result of Marjorie Nicole Cappello’s negligence, James
Cappello perished.
28. Matt Hornbuckle, as Personal Representative of the Estate of James Cappello, is
entitled to punitive damages imposed for the preservation of human life and to deter similar
wrongful conduct.
29. This claim is brought pursuant to Ala. Code § 6-5-391 (1975).

WHEREFORE, Plaintiff, Matt Hornbuckle, as Personal Representative of the Estate of

James Cappello, demands judgment against defendant in an amount that a jury deems appropriate
plus the costs of this action.
COUNT THREE -- WANTON CONDUCT
MARJORIE NICOLE CAPPELLO
30. Plaintiffs adopt and re-allege the allegations set forth in items one through twenty-
nine, as if set forth in full herein.

31. On or about September 20, 2020, Marjorie Nicole Cappello owed a duty to James
Cappello, deceased, to exercise reasonable care and diligence to rescue him from peril which she
created or contributed to create.
32. On or about September 20, 2020, Marjorie Nicole Cappello, breached her duty
and/or acted wantonly by knowingly injecting James Cappello with insulin, contrary to any known
medical condition, resulting in a state where he was in emergent need of medical assistance.

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Specifically, Marjorie Nicole Cappello breached her duty by then failing to render aid or summon
emergency medical personnel, instead taking time to clean up/stage the crime scene. Plaintiff had
a duty to render aid upon discovering James Cappello was in an injured and helpless condition.
33. Defendant’s failure to aid cost James Cappello the chance of survival that he would
have otherwise had.
34. As a direct and proximate result of Marjorie Nicole Cappello’s negligence, James
Cappello perished.
35. This claim is brought pursuant to Ala. Code § 6-5-391 (1975).

36. Matt Hornbuckle, as Personal Representative of the Estate of James Cappello, is

entitled to punitive damages.

WHEREFORE, Plaintiff, Plaintiff, Matt Hornbuckle, as Personal Representative of the

Estate of James Cappello, demands judgment against defendant in an amount that a jury deems
appropriate plus the costs of this action.
COUNT FOUR: NEGLIGENT HIRING
NORTH ALABAMA-AMG SPECIALTY HOSPITAL, LLC

37. Plaintiff Matt Hornbuckle, as Personal Representative of the Estate of James

Cappello adopts and re-alleges the allegations set forth in items one through thirty-six, above, as
if set forth in full herein.
38. In September of 2018, Defendant, as the facility owner/operator, hospital
operations management, and/or supervisor of Defendant, had a duty to exercise reasonable care
and diligence to ensure Defendant, was competent and fit to perform the job for which she was
hired, which included access to prescription/controlled medications.
39. In September of 2018, Defendant, breached its duty and acted negligently in that it
acted with conscious disregard to the rights and safety of others by employing and not properly
vetting Defendant, a known incompetent with a history of diversion and/or other problems.
40. As a direct and proximate result of Defendant’s negligent hiring, James Cappello,
was caused to suffer serious bodily injury, resulting in death.
WHEREFORE, the foregoing grounds considered, Plaintiff Matt Hornbuckle, as Personal
Representative of the Estate of James Cappello demands judgment against defendants, both named
and fictitious, for compensatory and punitive damages, in an amount deemed appropriate under
the circumstances, plus the costs of this action.
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COUNT FIVE: NEGLIGENT SUPERVISION AND/OR TRAINING

NORTH ALABAMA-AMG SPECIALTY HOSPITAL, LLC

41. Plaintiff adopts and re-alleges the allegations set forth in items one through forty,
above, as if set forth in full herein.
42. In September 20 of 2018, Defendant, as the facility owner/operator, hospital
operations management, and/or supervisor of Defendant, had a duty to exercise reasonable care
and diligence to ensure that individuals and/or employees under its control were properly trained
and supervised.
43. In September 20 of 2018, Defendant breached its duty and acted negligently in that
it acted with conscious disregard to the rights and safety of others by permitting Defendant,
Marjorie Cappello to have unfettered access to prescription and/or controlled medications intended
for administration to specific patients within the Long Term Acute Care Hospital (LTACH) with
the full knowledge that such defendant was not known to be certified, competent, experienced
and/or skilled in its operation under such circumstances.
44. As a direct and proximate result of Defendant’s negligence, James Cappello, was
caused to suffer serious bodily injury, resulting in death.
WHEREFORE, the foregoing grounds considered, Plaintiff Matt Hornbuckle, as Personal
Representative of the Estate of James Cappello demand judgment against defendants, both named
and fictitious, for compensatory and punitive damages, in an amount deemed appropriate under
the circumstances, plus the costs of this action.

COUNT SIX: NEGLIGENT RETENTION

NORTH ALABAMA-AMG SPECIALTY HOSPITAL, LLC

45. Plaintiff adopts and re-alleges the allegations set forth in items one through forty-
four, above, as if set forth in full herein.
46. In September of 2018, Defendant, as the facility owner/operator, hospital
operations management, and/or supervisor of Defendant, had a duty to exercise reasonable care
and diligence to ensure Defendant, was a competent and fit to perform the job in which she was
hired, which included access to prescription/controlled medications.

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47. In September of 2018, Defendant breached its duty and acted negligently in that it
knew or should have known that Defendant, was performing her job in a negligent manner and in
violation of federal law, state law, local ordinances and/or company policies and procedures.
48. As a direct and proximate cause of Defendant’s negligent retention of Defendant
Marjorie Cappello, James Cappello, was caused to suffer serious bodily injury, resulting in death.
WHEREFORE, Plaintiff Matt Hornbuckle, as Personal Representative of the Estate of
James Cappello demands judgment against defendants, both named and fictitious, for
compensatory and punitive damages, in an amount deemed appropriate under the circumstances,
plus the costs of this action.
COUNT SEVEN: NEGLIGENT ENTRUSTMENT
NORTH ALABAMA-AMG SPECIALTY HOSPITAL, LLC

49. Plaintiff adopts and re-alleges the allegations set forth in items one through forty-
eight, above, as if set forth in full herein.
50. On or about September 20, 2018, Defendant, as the facility owner/operator, hospital
operations management, and/or supervisor of Defendant, had a duty to exercise reasonable care
and diligence to ensure that individuals and/or employees under its control were not a known drug
user and/or not at a heightened risk to be involved in theft and/or tampering of the facility’s
prescription/controlled medication(s).
51. On or about September 20, 2018, Defendant as the owners/operators, managers,
and/or supervisors of Defendant, breached its duty and acted negligently by entrusting Marjorie
Cappello with unfettered access to prescription/controlled medication, despite a history of drug
abuse and theft of medication.
52. As a direct and proximate result of Defendant’s negligence, James Cappello was
caused to suffer serious bodily injury, resulting in death.
WHEREFORE, Plaintiff Matt Hornbuckle, as Personal Representative of the Estate of
James Cappello demands judgment against defendants, both named and fictitious, for
compensatory and punitive damages, in an amount deemed appropriate under the circumstances,
plus the costs of this action.

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COUNT EIGHT – WRONGFUL DEATH

NORTH ALABAMA-AMG SPECIALTY HOSPITAL, LLC

53. Plaintiff adopts and re-alleges the allegations of paragraphs one through fifty-two
if set forth in full here.
54. While Marjorie Cappello was employed at North Alabama Specialty Hospital, a
facility owned, operated and/or managed by North Alabama-AMG Specialty Hospital, LLC, they
had a duty to assure prescription and controlled medications and supplies were handled properly
to minimize risks, including theft, proper disposal of unused medications, and the danger of
medications being improperly administered to someone other than the patient for which they were
prescribed/intended.
55. North Alabama-AMG Specialty Hospital, LLC, by and through its agents or
employees, violated the standard of reasonable care, skill and diligence required of a hospital and
its employees in the national medical community when monitoring prescription/controlled
medications and unauthorized access to these medications, and/or acted negligently by:
a) failing to prevent staff members from misappropriating prescription and/or
controlled substances used to treat patients/residents;

b) failing to adhere to HIPAA provisions involved with the unauthorized accessing

of patients/residents’ personal health information;

c) failure to train staff on the policies and procedures designed to prevent

misappropriation of prescription/controlled substances intended for
patients/residents;

d) failure to perform periodic audits to ensure protocols designed to prevent

misappropriation of patients/residents’ medications;

e) failing to take proper precautions and implement appropriate protocols for

disposal of unused medications;

f) failing to properly monitor automated medication dispensing systems to prevent

misappropriation of patients/residents’ medications;

g) failing to provide a sufficient number of personnel to provide necessary

monitoring of staff and medications;

h) failing to hire adequately qualified personnel;

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i) failing to assign properly trained personnel to provide and oversee the control of
medications;

j) failing to properly and adequately train, supervise, monitor, evaluate and/or

reprimand, terminate or otherwise discipline personnel; and

k) failing to screen and/or improperly screening personnel hired.

56. The negligent acts, omissions, and violations of the standard of care outlined above
caused, contributed to, and/or proximately resulted in the death of James Cappello.
57. North Alabama-AMG Specialty Hospital, LLC is liable for the torts of its
employees under the laws of agency and/or the doctrine of respondeat superior.
58. Matt Hornbuckle, as personal representative of the Estate of James Cappello, is
entitled to punitive damages imposed for the preservation of human life and to deter similar
wrongful conduct.
WHEREFORE, Matt Hornbuckle, as personal representative of the Estate of James
Cappello, demands a judgment against North Alabama-AMG Specialty Hospital, LLC, in an
amount to be determined by a jury, plus interest and costs.
COUNT NINE: NEGLIGENCE
NORTH ALABAMA-AMG SPECIALTY HOSPITAL, LLC

59. Plaintiff adopts and re-alleges the allegations set forth in paragraphs one through
fifty-eight, above, as if set forth in full herein.
60. In September 2018, North Alabama-AMG Specialty Hospital, LLC employed
Marjorie Cappello as a nurse. During her tenure she was allowed unfettered access to prescription
and/or controlled medications intended for administration to specific patients within the Long
Term Acute Care Hospital (LTACH).
61. Marjorie Cappello one or more medications from the hospital, including insulin,
due to proper protocols not being in place to prevent such an occurrence, or to even place them on
alert within a reasonable period of time following the theft.
62. At the time of the theft, defendant Marjorie Cappello was working within the line
and scope of her employment with defendant and/or was acting as an agent of North Alabama-
AMG Specialty Hospital, LLC.
63. As a direct and proximate result of North Alabama-AMG Specialty Hospital,
LLC’s negligence, James Cappello was caused to suffer severe physical injury, resulting in death.

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64. Defendant North Alabama-AMG Specialty Hospital, LLC is liable for the acts and
omissions of North Alabama Specialty Hospital, LLC and Marjorie Cappello under the laws of
agency and/or the doctrine of respondeat superior.
WHEREFORE, plaintiff Matt Hornbuckle, as Personal Representative of the Estate of
James Cappello, demands judgment against defendants, both named and fictitious, for
compensatory and punitive damages, in an amount deemed appropriate under the circumstances,
plus the costs of this action.

COUNT TEN: NEGLIGENT HIRING

NORTH ALABAMA SPECIALTY HOSPITAL, LLC

65. Plaintiff Matt Hornbuckle, as Personal Representative of the Estate of James

Cappello adopts and re-alleges the allegations set forth in items one through sixty-four, above, as
if set forth in full herein.
66. In September of 2018, Defendant, North Alabama Specialty Hospital, LLC, as a
facility providing long term acute care and/or health care services, and/or supervisor of Defendant
Marjorie Cappello, had a duty to exercise reasonable care and diligence to ensure Defendant
Cappello, was competent and fit to perform the job for which she was hired, which included access
to prescription/controlled medications.
67. In September of 2018, Defendant North Alabama Specialty Hospital, LLC,
breached its duty and acted negligently in that it acted with conscious disregard to the rights and
safety of others by employing and not properly vetting Defendant, a known incompetent with a
history of diversion and/or other problems.
68. As a direct and proximate result of Defendant’s negligent hiring, James Cappello,
was caused to suffer serious bodily injury, resulting in death.
WHEREFORE, the foregoing grounds considered, Plaintiff Matt Hornbuckle, as Personal
Representative of the Estate of James Cappello demands judgment against defendants, both named
and fictitious, for compensatory and punitive damages, in an amount deemed appropriate under
the circumstances, plus the costs of this action.
COUNT ELEVEN: NEGLIGENT SUPERVISION AND/OR TRAINING
NORTH ALABAMA SPECIALTY HOSPITAL, LLC

69. Plaintiff adopts and re-alleges the allegations set forth in items one through sixty-
eight, above, as if set forth in full herein.

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70. In September 20 of 2018, Defendant North Alabama Specialty Hospital, LLC, as a

facility providing long term acute care and/or health care services, and/or supervisor of Defendant
Marjorie Cappello, had a duty to exercise reasonable care and diligence to ensure that individuals
and/or employees under its control were properly trained and supervised.
71. In September 20 of 2018, Defendant North Alabama Specialty Hospital, LLC
breached its duty and acted negligently in that it acted with conscious disregard to the rights and
safety of others by permitting Defendant, Marjorie Cappello, to have unfettered access to
prescription and/or controlled medications intended for administration to specific patients within
the Long Term Acute Care Hospital (LTACH) with the full knowledge that such defendant was
not known to be certified, competent, experienced and/or skilled in its operation under such
circumstances.
72. As a direct and proximate result of Defendant’s negligence, James Cappello, was
caused to suffer serious bodily injury, resulting in death.
WHEREFORE, the foregoing grounds considered, Plaintiff Matt Hornbuckle, as Personal
Representative of the Estate of James Cappello demand judgment against defendants, both named
and fictitious, for compensatory and punitive damages, in an amount deemed appropriate under
the circumstances, plus the costs of this action.
COUNT TWELVE: NEGLIGENT RETENTION
NORTH ALABAMA SPECIALTY HOSPITAL, LLC

73. Plaintiff adopts and re-alleges the allegations set forth in items one through seventy-
two, above, as if set forth in full herein.
74. In September of 2018, Defendant North Alabama Specialty Hospital, LLC, as a
facility providing long term acute care and/or health care services, and/or supervisor of Defendant
Marjorie Cappello, as the facility owner/operator, hospital operations management, and/or
supervisor of Defendant, had a duty to exercise reasonable care and diligence to ensure Defendant,
was a competent and fit to perform the job in which she was hired, which included access to
prescription/controlled medications.
75. In September of 2018, Defendant North Alabama Specialty Hospital, LLC, as a
facility providing long term acute care and/or health care services, and/or supervisor of Defendant
Marjorie Cappello, breached its duty and acted negligently in that it knew or should have known

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that Defendant, was performing her job in a negligent manner and in violation of federal law, state
law, local ordinances and/or company policies and procedures.
76. As a direct and proximate cause of Defendant North Alabama Specialty Hospital,
LLC’s negligent retention of Defendant Marjorie Cappello, James Cappello, was caused to suffer
serious bodily injury, resulting in death.
WHEREFORE, Plaintiff Matt Hornbuckle, as Personal Representative of the Estate of
James Cappello demands judgment against defendants, both named and fictitious, for
compensatory and punitive damages, in an amount deemed appropriate under the circumstances,
plus the costs of this action.
COUNT THIRTEEN: NEGLIGENT ENTRUSTMENT
NORTH ALABAMA SPECIALTY HOSPITAL, LLC

77. Plaintiff adopts and re-alleges the allegations set forth in items one through seventy-
six, above, as if set forth in full herein.
78. On or about September 20, 2018, Defendant North Alabama Specialty Hospital,
LLC, as a facility providing long term acute care and/or health care services, and/or supervisor of
Defendant Marjorie Cappello, had a duty to exercise reasonable care and diligence to ensure that
individuals and/or employees under its control were not a known drug user and/or not at a
heightened risk to be involved in theft and/or tampering of the facility’s prescription/controlled
medication(s).
79. On or about September 20, 2018, Defendant North Alabama Specialty Hospital,
LLC, as a facility providing long term acute care and/or health care services, and/or supervisor of
Defendant Marjorie Cappello, breached its duty and acted negligently by entrusting Marjorie
Cappello with unfettered access to prescription/controlled medication, despite a history of drug
abuse and theft of medication.
80. As a direct and proximate result of Defendant North Alabama Specialty Hospital,
LLC’s negligence, James Cappello was caused to suffer serious bodily injury, resulting in death.
WHEREFORE, Plaintiff Matt Hornbuckle, as Personal Representative of the Estate of
James Cappello demands judgment against defendants, both named and fictitious, for
compensatory and punitive damages, in an amount deemed appropriate under the circumstances,
plus the costs of this action.

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COUNT FOURTEEN – WRONGFUL DEATH

NORTH ALABAMA SPECIALTY HOSPITAL, LLC

81. Plaintiff adopts and re-alleges the allegations of paragraphs one through eighty as
if set forth in full here.
82. While Marjorie Cappello was employed at North Alabama Specialty Hospital, they
had a duty to assure prescription and controlled medications and supplies were handled properly
to minimize risks, including theft, proper disposal of unused medications, and the danger of
medications being improperly administered to someone other than the patient for which they were
prescribed/intended.
83. North Alabama Specialty Hospital, LLC, by and through its agents or employees,
violated the standard of reasonable care, skill and diligence required of a hospital and its employees
in the national medical community when monitoring prescription/controlled medications and
unauthorized access to these medications, and/or acted negligently by:
a) failing to prevent staff members from misappropriating prescription and/or
controlled substances used to treat patients/residents;

b) failing to adhere to HIPAA provisions involved with the unauthorized accessing

of patients/residents’ personal health information;

c) failure to train staff on the policies and procedures designed to prevent

misappropriation of prescription/controlled substances intended for
patients/residents;

d) failure to perform periodic audits to ensure protocols designed to prevent

misappropriation of patients/residents’ medications;

e) failing to take proper precautions and implement appropriate protocols for

disposal of unused medications;

f) failing to properly monitor automated medication dispensing systems to prevent

misappropriation of patients/residents’ medications;

g) failing to provide a sufficient number of personnel to provide necessary

monitoring of staff and medications;

h) failing to hire adequately qualified personnel;

i) failing to assign properly trained personnel to provide and oversee the control of
medications;

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j) failing to properly and adequately train, supervise, monitor, evaluate and/or

reprimand, terminate or otherwise discipline personnel; and

k) failing to screen and/or improperly screening personnel hired.

84. The negligent acts, omissions, and violations of the standard of care outlined above
caused, contributed to, and/or proximately resulted in the death of James Cappello.
85. North Alabama Specialty Hospital, LLC is liable for the torts of its employees
under the laws of agency and/or the doctrine of respondeat superior.
86. Matt Hornbuckle, as personal representative of the Estate of James Cappello, is
entitled to punitive damages imposed for the preservation of human life and to deter similar
wrongful conduct.
WHEREFORE, Matt Hornbuckle, as personal representative of the Estate of James
Cappello, demands a judgment against North Alabama Specialty Hospital, LLC, in an amount to
be determined by a jury, plus interest and costs.
COUNT FIFTEEN: NEGLIGENCE
NORTH ALABAMA SPECIALTY HOSPITAL, LLC

87. Plaintiff adopts and re-alleges the allegations set forth in paragraphs one through
eighty-six, above, as if set forth in full herein.
88. In September 2018, North Alabama Specialty Hospital, LLC employed Marjorie
Cappello as a nurse. During her tenure she was allowed unfettered access to prescription and/or
controlled medications intended for administration to specific patients within the Long Term Acute
Care Hospital (LTACH).
89. Marjorie Cappello one or more medications from the hospital, including insulin,
due to proper protocols not being in place to prevent such an occurrence, or to even place them on
alert within a reasonable period of time following the theft.
90. At the time of the theft, defendant Marjorie Cappello was working within the line
and scope of her employment with defendant and/or was acting as an agent of North Alabama
Specialty Hospital, LLC.
91. As a direct and proximate result of North Alabama Specialty Hospital, LLC’s
negligence, James Cappello was caused to suffer severe physical injury, resulting in death.

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92. Defendant North Alabama Specialty Hospital, LLC is liable for the acts and
omissions of Marjorie Cappello under the laws of agency and/or the doctrine of respondeat
superior.
WHEREFORE, plaintiff Matt Hornbuckle, as Personal Representative of the Estate of
James Cappello, demands judgment against defendants, both named and fictitious, for
compensatory and punitive damages, in an amount deemed appropriate under the circumstances,
plus the costs of this action.

COUNT SIXTEEN:
COMBINED AND CONCURRING NEGLIGENCE
AND/OR WANTONNESS
93. Plaintiffs adopt and re-allege the allegations set forth in items one through ninety-
two, above, as if set forth in full herein.
94. The combined and concurring negligence and/or wantonness as set forth in Counts
One through Fifteen, above, all defendants, including fictitious defendants specifically identified
in the caption and body of the Complaint incorporated herein, proximately contributed to
Plaintiff’s injuries and damages.
95. As a proximate result and consequence of Defendants’ combined and concurring
negligence and/or wantonness, Plaintiff was caused to suffer the injuries and damages set forth in
Counts One through Fifteen, above.
WHEREFORE, the foregoing grounds considered, Plaintiff demands judgment against
defendants, both named and fictitious, for compensatory and punitive damages, in an amount
deemed appropriate under the circumstances, plus the costs of this action.
COUNT SEVENTEEN
FICTITIOUS DEFENDANTS

96. Plaintiff adopts and re-alleges paragraphs one through ninety-five as if set forth in
full herein.
97. Plaintiff alleges and avers that the violations of the standard of care and/or negligent
or wanton acts and/or omissions of Fictitious Defendants A through M proximately caused and/or
combined and concurred with the violations of the standard of care and/or negligent or negligent
acts and/or omissions of defendants to proximately cause the death of James Cappello as set forth
in Counts One through Sixteen, above.

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 DOCUMENT 2

98. The true names and identities of Fictitious Defendants A through M are unknown
to plaintiff at this time and will be added by amendment in accordance with Rule 9 (h) of the
Alabama Rules of Civil Procedure when the true names and identities are ascertained.
WHEREFORE, Matt Hornbuckle, as personal representative of the Estate of James
Cappello, demands a judgment against Fictitious Defendants A-J in an amount to be determined
by a jury, plus interest and costs.
/s/Will League
Will League (LEA013)
Christopher M. Wooten (WOO118)

Siniard, Timberlake, & League, P.C.

Attorneys for Plaintiff
125 Holmes Avenue
Post Office Box 2767
Huntsville, Alabama 35804
Telephone: 256-536-0770
Facsimile: 256-539-0540
League@law-injury.com
Chris.Wooten@law-injury.com

SERVE DEFENDANTS VIA U.S. CERTIFIED MAIL

Marjorie Nicole Cappello

8013 Lauderdale Road
Huntsville, Alabama 35802

North Alabama-AMG Specialty Hospital, LLC

c/o Registered Agent, Clark V. Stewart
755 Walnut Street
Gadsden, AL 35901

North Alabama Specialty Hospital, LLC

c/o Registered Agent, David Pryor
700 West Market Street
Athens, Alabama 35611

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