Jesse Michael Collens 30601 34th Pl. S. Auburn, Washington (98001) (206)592-6964
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE
Jesse Michael Collens, pro per
Plaintiff, vs.
Alaina Adkins, Maxim Healthcare Services,
Defendants. ) ) ) ) ) ) ) ) ) )
Case No.:3AN-14-5961CI
Judge: Pfiffner
SECOND AMENDED COMPLAINT Rule 15 (a) Plaintiff Jesse Michael Collens sues Alaina Adkins and Maxim Healthcare Services for fraud, money damages, and states: JURISDICTIONAL ALLEGATIONS 1. This is an action for money damages in excess of $100,000.00 2. Plaintiff Jesse Michael Collens was a resident of Anchorage, Alaska. 3. Defendant Alaina Adkins was a resident of Anchorage, Alaska. 4. Defendant Maxim Healthcare Services was operating in Anchorage, Alaska. Page 2 of 5 Collens v. Adkins, et al. Case No. 3AN-14-5961CI Second Amended Complaint
5. All acts necessary or precedent to the bringing of this lawsuit occurred or accrued in the borough of Anchorage, Alaska. GENERAL FACTUAL ALLEGATIONS 6. December 8, 2009, Plaintiff and Defendants entered into a contract whereby defendants agreed to provide private duty nursing. 7. A copy of the written contract is attached as Exhibit A. 8. December 8, 2009, Defendants began providing services according to signed contract. 9. March 30, 2012, Plaintiff was verbally read discharge letter by Defendant Alaina Adkins. 10. March 30, 2012, the Defendant left the discharge letter signed by Alaina Adkins at the Plaintiff's house. 11. A copy of the discharge letter is attached as Exhibit B. 12. Defendants colluded to lie, commit fraud by saying in exhibit B: "Please note that we have discussed this matter with your physician and your case manager and all parties are in agreement with this discharge."
13. The defendants stated in exhibit B that they had communicated with plaintiff's primary care physician, Kathy Hurlburt, and case manager, Denise Shelton. 14. The defendants stated in exhibit B that they had communicated with Denise Shelton but falsely stated on the outcome of their communication. A copy of Shelton's testimony of their communication is attached as exhibit C. Page 3 of 5 Collens v. Adkins, et al. Case No. 3AN-14-5961CI Second Amended Complaint
15. The defendants falsely stated in exhibit B that they had communicated with Kathy Hurlburt, which they did not. A copy of Hurlburt's testimony is attached as exhibit D. 16. Immediately following being read the discharge letter the plaintiff started suffering from intense anxiety and began stressing about where and how he was going to live. 17. Plaintiff feared for his independence and life while also experiencing greatly increased neurological pain. 18. As a direct and proximate result Collens suffered: Emotional and mental distress Pain and suffering Threat of being institutionalized Cost of receiving in-home care Forced relocation out of state in lieu of institutionalization Cost of relocation out of state Loss of friend and family support
19. The plaintiff suffered significant money damages as a direct result.
WHEREFORE Jesse Michael Collens demands judgment for damages against Alaina Adkins, Maxim Healthcare Services, et al. together with such other and further relief as the Court may deem reasonable and just under the circumstances.
Page 4 of 5 Collens v. Adkins, et al. Case No. 3AN-14-5961CI Second Amended Complaint
This is to certify that a true and correct copy of this document with sufficient postage applied was placed in the U.S. mail, on May____, 2014 and sent to: Alaska Court System 825 W. 4th Ave. Anchorage, Alaska (99501)
Signed_________________________________ May___, 2014 Jesse Michael Collens 30601 34th Pl. S. Auburn, Washington (98001) (206) 592-6964 Page 5 of 5 Collens v. Adkins, et al. Case No. 3AN-14-5961CI Second Amended Complaint
References
Rule 15(a) provides:
"A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.