The lawsuit claims Legacy Health failed to warn Bobby Smallwood that PoniaX Kane Calles had a gun in his possession
PORTLAND, Ore. (KOIN) -- The estate of a Portland security guard who was killed in the Legacy Good Samaritan Hospital shooting last year has hit the medical center with a wrongful death lawsuit.
The complaint filed in Multnomah County Circuit Court on Tuesday claims the hospital system's failure to enforce security and safety rules led to the death of Bobby Smallwood.
The 44-year-old security guard was fatally shot on July 22, 2023, in an attempt to protect Legacy Good Samaritan staff and patients from an individual later identified as PoniaX Kane Calles. The 33-year-old suspect died in an officer-involved shooting in Gresham that same day.
D'Amore Law Group is seeking $35 million from Legacy Health. Walter "Bob" Smallwood and Tammy Smallwood, parents of the slain security guard, told the Portland-based law firm they have been "profoundly impacted" by their son's death.
"Every day we grieve the loss of our son and all the years ahead that should have been his to live," the Smallwoods said in a statement. "We will never have the joy of seeing him get married, holding his children, or hearing his laugh again. Nothing can bring Bobby back, but we will not stop fighting until Legacy is held fully responsible for what they took from our family."
According to court documents, the hospital system's policy states it has "zero tolerance for willful acts of workplace violence" and violators should be removed from the site immediately and excluded from entering the property going forward.
However, attorneys alleged that Calles was already "hostile" toward employees who attempted to treat his pregnant girlfriend at the Women's Services Department on July 19 -- the same week of the shooting.
The following day, the complaint claimed three security guards de-escalated a situation involving the suspect who had become "verbally aggressive" and interfered with the treatment of his partner who was giving birth. On July 21, Calles was additionally accused of telling a nurse, "If you guys keep acting like this, someone is going to get killed around here."
Court documents alleged Smallwood was called from Legacy Emanuel to assist hospital personnel as they removed Calles from the facility on July 22.
D'Amore Law Group asserted that Smallwood waited with the suspect for more than an hour as other guards found two firearms with ammunition in his partners' hospital room. According to the law firm, she told staff Calles was likely to have a third gun in his possession.
Smallwood was not aware the suspect could have had a gun.
The complaint claims the hospital's security manager considered issuing a "Cold Silver," or an alert that an active shooter was inside the building, but the lead security guard said they had never called one and didn't know how to.
Attorneys wrote that other guards attempted to use hand gestures to inform Smallwood that the suspect could have a gun. When Smallwood told the suspect he needed to pat him down, Calles said he would leave the premises. However, documents allege that other staff stopped Smallwood as he escorted Calles off of the property -- just before the suspect shot him in the neck.
The hospital called a "Code Silver" after Calles opened fire.
According to court documents, employees across all Legacy facilities were assaulted almost 125 times from 2022 until July 2023, when Smallwood died.
The medical center said it is unable to comment on pending litigation.