The family of a security guard who was shot and killed at a hospital in Portland, Oregon, sued the facility for $35 million on Tuesday, accusing it of negligence and failing to respond to the dangers that the gunman posed to hospital staff over multiple days.

In a wrongful death complaint filed Tuesday, the estate of Bobby Smallwood argued that Legacy Good Samaritan Medical Center failed to enforce its policies against violence and weapons in the workplace by not barring the shooter from the facility, despite staff reporting threats and aggression toward them in the days before the shooting.

“The repeated failures of Legacy Good Samaritan to follow their own safety protocols directly led to the tragically preventable death of Bobby Smallwood,” Tom D’Amore, the attorney representing the family, said in a statement. “Despite documented threats and abusive behavior that required immediate removal under hospital policy, Legacy allowed a dangerous individual to remain on the premises for three days until those threats escalated to violence.”

In an email, Legacy Health said it was unable to comment on pending litigation.

The shooting at Legacy Good Samaritan Medical Center in Portland was part of a wave of gun violence sweeping through U.S. hospitals and medical centers, which have struggled to adapt to the growing threats. Such attacks have helped make health care one of the nation’s most violent fields. Health care workers racked up 73% of all nonfatal workplace violence injuries in 2018, the most recent year for which figures are available, according to the U.S. Bureau of Labor Statistics.

The gunman at the Portland hospital, PoniaX Calles, first visited the facility on July 19, 2023, as his partner was about to give birth. On July 20 and July 21, nursing staff and security guards filed multiple incident reports describing outbursts, violent behavior and threats, but they weren’t accessible or provided to workers who were interacting with him, according to the complaint.

On July 22, nurse supervisors decided to remove Calles from his partner’s room, and Smallwood accompanied him to the waiting room area outside the maternity ward. Other security guards searching the room found two loaded firearms in a duffel bag, and his partner told them he likely had a third gun on his person, the complaint said.

According to the complaint, over 40 minutes passed between the discovery of the duffel bag and Smallwood’s death. Two minutes before he was shot, a security guard used hand gestures through glass doors to notify him that Calles was armed. Smallwood then told Calles he would pat him down, but Calles said he would leave instead. Smallwood began escorting him out of the hospital, and as other staff members approached them, Calles shot Smallwood in the neck.

The hospital did not call a “code silver,” the emergency code for an active shooter, until after Smallwood had been shot, the complaint said.

Smallwood’s family said his death has profoundly impacted them.

“Every day we grieve the loss of our son and all the years ahead that should have been his to live,” his parents, Walter “Bob” and Tammy Smallwood, said in the statement released by their attorney. “Nothing can bring Bobby back, but we will not stop fighting until Legacy is held fully responsible for what they took from our family.”

After the shooting, Legacy said it planned to install additional metal detectors; require bag searches at every hospital; equip more security officers with stun guns; and apply bullet-slowing film to some interior glass and at main entrances.

Around 40 states have passed laws creating or increasing penalties for violence against health care workers, according to the American Nurses Association. Hospitals have armed security officers with batons, stun guns or handguns, while some states allow hospitals to create their own police forces.

On Monday at 8:32 p.m. the National Weather Service issued a winter weather advisory in effect until Tuesday at 10 a.m. for South Central Oregon Cascades and Siskiyou Mountains and Southern Oregon Cascades.

The weather service says to anticipate, “Snow above 5000 feet. Additional snow accumulations between 3 and 6 inches. Winds gusting as high as 35 mph.”

“Plan on slippery road conditions. The hazardous conditions could impact the Tuesday morning commute,” adds the weather service. “Slow down and use caution while traveling.”

Winter driving guide: Tips from the weather service for safe and sound travels

Winter’s icy grip often turns roads treacherous, leading to over 6,000 weather-related vehicle fatalities and more than 480,000 injuries each year. When you find yourself on snowy or freezing rain-slicked roads, your top priority should be safety. Slow down and exercise caution. In temperatures near freezing, it’s prudent to assume icy patches on the road and adjust your driving accordingly. Be on alert for ice accumulating on power lines and tree branches, as they may break and fall. If possible, avoid driving in these conditions altogether. But if you must venture out, choose routes with fewer trees and power lines, and never touch a downed power line. If you encounter one, dial 911 immediately. Here are additional winter weather driving tips:

Share your travel plans:

When traveling out of town in hazardous winter weather, inform your family or friends of your destination, planned route, and estimated time of arrival.

Prepare your vehicle:

Ensure your gas tank is full and equip your vehicle with essential winter supplies, including a windshield scraper, jumper cables, a small shovel, flashlight, cell phone, blanket, extra warm clothing, drinking water, and high-calorie non-perishable food.

Stay calm when stranded:

If you become stranded, stay composed. Notify someone about your situation and location. Avoid attempting to walk to safety. Attach a cloth to your car’s antenna or mirror to signal that you require assistance. Make your vehicle more visible by using the dome light and flashers.

Be mindful of snow plows:

Keep an eye out for snow plows and allow them ample room to pass. Only overtake a plow when you have a clear view of the road ahead.

Check road conditions:

Before embarking on your journey, verify the current road conditions to make informed travel decisions.

These winter driving tips from the weather service are your key to a safer journey on snow-covered roads. By following these guidelines, you can significantly reduce the risk of accidents and ensure your well-being during challenging winter weather.

Advance Local Weather Alerts is a service provided by United Robots, which uses machine learning to compile the latest data from the National Weather Service.

With three games left in the season, the 4-5 Oregon State State Beavers need to win two in order to reach the postseason. For now, Beavers’ head coach Trent Bray is keeping his team focused on the challenge that a trip to the Air Force Academy presents and what lessons there are to learn from last week’s loss to San Jose State.

Bray met with the media this week to discuss what’s ahead for OSU and how his younger players can continue to get better. Watch the full presser below.

NOTES

-Reviewing the San Jose State game: “After watching the film of the San Jose State game, it was a lot like I thought. I thought we moved the ball pretty well, but just stubbed our toe in the red zone. Four drives in the red zone and we only get three points out of them. That’s a problem so we got to
be better in the Red Zone. Would have changed that game. And same thing with the explosive plays over our head in the back end on defense we we can’t allow that to happen to play the way we want.”

-Ben Gulbranson will continue to be the starting quarterback, moving forward.

-On Salahadin Allah’s development: “As you go through the season you get more and more work and more and more reps in practice and in games. You become a better player…I thought he played well and had some really good runs and still had some runs that, you know, we need him to break that he could have. So I’m excited about where he’s at and his progression.”

-On the morale of the team currently after a 4-5 start: “You watch us practice and you wouldn’t know what our record is. Which is great to come to work with those guys every day. We are process oriented and getting those guys to buy into the results will come as we continue to do the right process. It’s frustrating right now and there’s some things that are painful but we stick to the process and we’ll continue to get better and in the long run it’ll help us.”

-On improvements to the run defense: “It’s more guys just getting better, more experience in the system. I think early on in the run game problems were a lot of misfit issues. I think the players have done a great job. Coaches have done a good job of of just continuing to coach those guys and they’re starting to figure it out and play faster because they they know how to play off the front and I think a lot of that showed up.”

-On defending a triple option offense: “If you’re going to take away the inside part of it, there’s always things out on the perimeter as well. And so there it creates one-on-one plays. Whenever you have one-on-one tackles that have to be made, you break a couple tackles, they make you miss, and it’s an explosive play. So that’s what these offenses do. They make it a one-on-one game for most of the game.”

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