Clerk of the Superior Court
*** Electronically Filed ***
T. Harney, Deputy
9/29/2022 10:05:49 AM
Filing ID 14917259
1 Marco B. Mercaldo (State Bar No. 20241)
Carlo N. Mercaldo (State Bar No. 23361)
2 John J. Kastner, Jr. (State Bar No. 21529)
3 MERCALDO LAW FIRM
1853 North Kolb Road
4 Tucson, AZ 85715
5 Tel (520) 624-1400
Fax (520) 624-1955
6 marco@mercaldo.com
7 carlo@mercaldo.com
john@mercaldo.com
8 Attorneys for Plaintiffs
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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
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IN AND FOR THE COUNTY OF MARICOPA
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BONNIE ALOIA, a single woman, ) Case No. CV2022-094338
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13 Plaintiff, )
v. )
14 ) COMPLAINT
15 NOVASPINE PAIN INSTITUTE, PLC, an )
Arizona Professional limited liability company; ) (Medical Malpractice)
16 CLIFFORD T. BAKER, M.D. a single man; ) (Tier 3)
17 JOHN and JANE DOES 1-10; ABC )
PARTNERSHIPS 1-5; and XYZ )
18 CORPORATIONS 1-5, )
)
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Defendants. )
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Plaintiff, Bonnie Aloia, by and through undersigned counsel and for her claims
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against the Defendants, Clifford T. Baker and NovaSpine Pain Institute, PLC, states and
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23 alleges as follows:
24 1. Plaintiff resided in Maricopa County, Arizona at all times relevant to this
25 lawsuit. The incident which is the subject of this lawsuit occurred in Maricopa County,
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Arizona.
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2. Plaintiff received injuries and damages caused by the events that occurred in
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1 Maricopa County, Arizona.
2 3. Defendant NovaSpine Pain Institute, PLC is a professional limited liability
3 company organized for the purpose of providing professional medical services and is located
4 and doing business in Phoenix, Arizona.
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4. Defendant Clifford T. Baker, M.D., at all times relevant hereto, was a medical
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doctor, licensed in the State of Arizona and holding himself out as having special training and
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8 qualifications in pain management, physical medicine and rehabilitation. At all times relevant
9 hereto, this Defendant was an agent, ostensible agent, employee, officer, and servant of
10 Defendant NovaSpine Pain Institute, PLC.
11 5. At all times relevant hereto, Defendants, and each of them, individually or by
12 and through their agents and employees, assumed the responsibility for the diagnosis, care,
13 and treatment of Bonnie Aloia.
14 6. Defendants JANE OR JOHN DOES 1-10, ABC CORPORATIONS 1-5, and
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XYZ PARTNERSHIPS 1-5, are those persons/entities who have, or had at all relevant times,
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a relationship (such as employee or independent contractor) with the named defendant and
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18 whose acts or omissions give rise to legal responsibility for the damages and injuries incurred
19 by Plaintiff, but whose true identities are at the present time unknown to Plaintiff.
20 7. Plaintiff is informed and believes and thereon states that each of the Defendants
21 designated fictitiously herein is responsible for the events and happenings herein alleged. The
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precise nature of such responsibilities is unknown to Plaintiff but were known to Defendants,
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and each of them.
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8. Some of the Defendants may be liable under the principle of respondeat
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superior, some Defendants may be liable due to agency relationships, either express or implied,
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and some Defendants may be liable because of acts done by other defendants in furtherance
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of their marital communities.
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1 9. Venue and jurisdiction are proper in this court.
2 10. The amount in controversy/the amount of damages sought by the Plaintiff are
3 such as to qualify for Tier 3 as defined by A.R.C.P. Rule 26.2(c)(3).
4 11. On or about July 8, 2021, Plaintiff underwent a transforaminal epidural steroid
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injection performed by Defendant Clifford T. Baker at NovaSpine Pain Institute, PLC. During
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the July 8, 2021 procedure, Defendant Clifford T. Baker injured Plaintiff’s spinal cord
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8 resulting in, among other things, Plaintiff’s permanent paralysis and neurogenic bowel and
9 bladder.
10 12. Defendants, and each of them, were negligent in their diagnosis and/or care
11 and/or treatment of Bonnie Aloia and failed to meet the standard of care applicable to them in
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providing medical care to a patient.
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13. As a direct and proximate result of Defendant’s negligence, carelessness, and
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15 failure to exercise a reasonable degree of professional skill, knowledge and care, Plaintiff has
16 suffered bodily injuries which are permanent and from which she continues to suffer great
17 mental and physical pain, anguish and anxiety, requiring medical care and treatment, and
18 which interfere with her daily activities. Plaintiff has been forced to incur expenses for medical
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care, diagnostic tests and the like in an amount which is not presently ascertainable. Plaintiff
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is informed and believes, and therefore alleges that she will be compelled to incur indebtedness
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22 for necessary medical treatment in the future.
23 WHEREFORE, Plaintiff prays for judgment against the Defendants, in an amount
24 which will compensate her for her injuries/damages sustained herein, for the costs of this
25 action, and for such other and further relief as the Court deems just and reasonable.
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DATED this 29th day of September 2022.
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3 MERCALDO LAW FIRM
4 /s/ Marco B. Mercaldo
5 Marco B. Mercaldo
Attorney for Plaintiffs
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