Dr.'s Prescription is an Rx for Damages:
November 29, 2010

---------------------------------------------------------------------------------------------------

Detailed in an earlier post entitled, "Identifying the System Abusers", a now former resident conspired with her doctor, to provide false statements to a department of the United States Government.  In doing so, this physician not only committed a felony, he also enabled this resident to falsely gain authorization (by law) to keep a 50+ pound pit-bull in her apartment.

Apparently, there seems to be a growing trend, in the State of Utah, of physicians abusing their position to accommodate their patient's every wish... LEGALLY OR NOT

The following is an article and my comment to it, that appeared on Fox13Now.com on November 29, 2010:

Click to Enlarge
Click to Enlarge

















Due to the willful and irresponsible negligence of her physician, this resident's alleged Assistance/Companion Animal caused several thousand dollars in damages to her apartment.  Damages that would not have occurred, had Dr. Justin S. White of the Porter Clinic in Ogden, Utah not abused his position as a health care professional in making the prescribed recommendation that appears below.

Click to Enlarge
"Patient states that her dog informs her when her
internal defibrillator (pacemaker) is about to shock her
and gets her to sit down"

WHAT???

I hope her dog gets her to sit down for THIS shock...
Damages that she and her alleged assistance animal caused to her unit now approach
$7,500.


Sadly, Dr. White is not the only negligent party involved here.  The letter that appears below, is from Kier employee, Pam Tomney, stating that her request to keep her now VERIFIED Assistance/Companion Animal in her apartment, has been approved.  Kier's obvious defense for THIS act of negligence will likely be that, they relied on Dr. White's ethics and integrity as a licensed health care professional, to make a legitimate and valid recommendation for his patient. 

Click to Enlarge


I contacted Ms. Julie McIntyre, the Clinical Risk Manager at McKay-Dee Hospital, to inform her that I intended to hold Dr. Justin S. White, personally and professionally responsible for his negligent actions. In her email response to me, Ms. McIntyre actually has the audacity to caution ME against making, "false reports...". 

Click to Enlarge
Where the hell was Ms. McIntyre when Dr. White abused his position
as a physician, by making this irresponsible recommendation???


SO - WHO IS GOING TO PAY FOR THIS ?

  • This former system abusing resident has no employment income, due to an alleged disability, so she can't pay;
  • Negligent Kier Property Management's attorney claims Kier is not responsible for ANY of their negligent acts and will likely point the finger at the negligent and irresponsible, Dr. White;   and
  • Dr. White's attorney claims that his client bears no responsibility, because he has not been charged with the felony he committed by authorities and that it is not my place to point out that he has committed a felony to begin with... EXCUSE ME??

It seems that all fingers point to the fact that, if Dr. Justin S. White had not made his initial indiscretion, none of these damages would have occurred, because Kathryn M. Petersen would not have been able to get authorization to keep her untrained, apartment destroying, flea bag of an Assistance Animal.

-----------------------------------------------------------------------

On December 2, 2010 in the District Court of Ogden, Utah
Judge A. Lockwood determined that Dr. Justin S. White was not financially responsible for any of the damages to the unit, because although he made this ridiculous recommendation, he DID NOT physically provide the defendant with the dog that caused the damage. 
???
Judge Lockwood also accepted the defendant's claim that, "The unit was exactly in this condition the day that I (she) moved into it" and issued a continuance until February 17, 2011, at which time I have to provide proof that the defendant is lying.


Fortunately, the Ogden Housing Authority inspects each and every unit prior to allowing a tenant to move into it, to ensure that the unit meets all HUD quality standards.... They also keep a copy on file.

(at left) In this letter to the Special Programs Manager at the OHA, I ask Ms. Fulcher to provide a copy of the unit inspection report.
(at right) Ms. Fulcher's response to my request... I hope I didn't complicate their moving plans too much.
Click to Enlarge
Click to Enlarge
10-Days???
In reality, it took the OHA 42-days and several "reminders"
to finally provide the information to me.

On February 17, 2011- This defendant will either be held responsible for the damages to her unit (and for lying in court), or Kier and the Ogden Housing Authority will have a lot of explaining to do to HUD...
and the court.
UPDATE:
On December 3, 2010 - I received notification from the Utah Labor Commission (ULAD), that the discrimination claim that this defendant falsely filed against the Peery Apartments, alleging that she was discriminated against, by being evicted due to her medically prescribed Assistance Animal, was dismissed, finding that the Peery Apartments in no way discriminated against her or violated her rights under the Americans with Disabilities Act (ADA) or the Utah Fair Housing Act (UFHA).
At least someone was intelligent enough to see through this mountain of
Kier Corp's caused Crap


UPDATE:
On Thursday, February 17, 2011 during part 2 of the small claims case I brought against this former tenant, she apparently realized that the evidence against her was conclusive enough to warrant the following, Academy Award worthy performance from her, jut as our case was about to be called. Obviously, this little actress thought she could gain the court's sympathy with a little performance that I like to call her, "Stop, Drop and Roll" routine.

I refer to the performance by this name because, whenever this former tenant is confronted with anything she is going to get into trouble over , she STOP's the conversation...  DROPS to the ground in a pathetic display... and then ROLLS away in an ambulance moments later, having escaped the consequences of her actions.... Unfortunately, her performance this time wasn't quite good enough to win the case and the judge decided against her....

video
Notice how her lawyer just sits calmly in her seat? No apparent concern for her client, who just "collapsed" in the courtroom... It's almost as if this performance wasn't entirely unexpected....or dare I say, "planned".

It's unfortunate that these poor paramedics have to take time away from ACTUAL emergencies, to enable this woman's repeated performances.... I hope that nobody else was in serious distress, while this circus act was playing out.

video

Ironically, the worst of this is that, this woman and her lying daughter and friend, have absolutely NO regard for anyone but themselves and couldn't care in the least that they are tying up the City's emergency services to put on these little performances ... But they'll be the first one's to complain about rising taxes in order for the city to pay for them.

video

Here, I combined the 3 segments above and put them into a format  
more befitting this performance.
In the end, Judge Lockwood found that this system abuser WAS in fact responsible for damages she incurred to her unit and ruled in favor of the Peery Apartments..... 

Let this be a lesson to anyone who thinks otherwise:

The days of system abusing tenants at this building are OVER.
Go play your games at a Kier managed property where housing fraud is the
STATUS QUO