The Bobby Smallwood lawsuit is a $35 million wrongful death case filed by the parents of the Legacy Good Samaritan security officer against Legacy Health, alleging that the Portland hospital’s failure to enforce its own workplace violence policies, warn Smallwood about a known armed threat, or activate its active shooter protocol led to his fatal shooting on July 22, 2023. The suit was filed November 11, 2024, in Multnomah County Circuit Court, and Legacy is fighting to dismiss it on the ground that Oregon workers’ compensation law is the family’s only avenue for recovery.1OPB. Slain Legacy Security Guard Lawsuit
Who Filed the Suit and What It Claims
Tammy Smallwood and Walter “Bob” Smallwood filed the complaint on behalf of their son’s estate. They are represented by Tom D’Amore of D’Amore Law Group. The defendants are Legacy Health and Legacy Good Samaritan Medical Center. The theory is negligence: the family alleges that the hospital’s “inadequate policies, refusal to enforce policies and lack of communication” led directly to Smallwood’s death.2Becker’s Hospital Review. Family of Guard Killed in Shooting Sue Legacy Health for Negligence
Smallwood, 44, was shot in the neck on the fifth-floor birthing center by PoniaX Kane Calles, whose partner was there to deliver a baby. He was pronounced dead at 12:09 p.m.3KPTV. Portland Police Release Timeline of Events in Deadly Hospital Shooting
The Alleged Failures at the Center of the Case
The complaint describes a series of missed chances to defuse the situation before Smallwood ever encountered Calles armed.
Legacy had a written “zero tolerance for willful acts of workplace violence” policy calling for the “immediate removal of violators.” Calles had been at the hospital for days and was, according to the suit, “immediately hostile” from the start, threatening employees and at one point trying to break into an operating room. Nursing staff reported feeling unsafe and asked that he be excluded. A nursing supervisor instead gave him a “final warning.” Calles had told staff, “if you guys keep acting like this, someone is going to get killed around here.”4The Lund Report. Family of Slain Legacy Security Guard Files $35 Million Lawsuit Against Hospital System
On the morning of the shooting, nurses found a duffel bag with two firearms and ammunition in the partner’s room. Security removed the bag. The partner then told staff there was a “99.99% chance” Calles had a third gun on him.4The Lund Report. Family of Slain Legacy Security Guard Files $35 Million Lawsuit Against Hospital System That warning never reached Smallwood. A fellow officer tried to signal him with hand gestures; the message did not get through.5Campus Safety Magazine. Slain Oregon Hospital Security Officer’s Family Files $35 Million Wrongful Death Lawsuit
The suit identifies a 42-minute window between the moment security became concerned Calles was armed and the moment he shot Smallwood. During that window, Smallwood was never warned.1OPB. Slain Legacy Security Guard Lawsuit When the lead security guard recognized the danger and asked to call a “Code Silver,” the hospital’s active shooter alert, management deferred the decision back to the guard, who did not know how to activate the protocol. No Code Silver was called until after Smallwood had already been shot.2Becker’s Hospital Review. Family of Guard Killed in Shooting Sue Legacy Health for Negligence
There is one more allegation the family points to. After Smallwood was shot, the complaint says the hospital did not render aid to him for eight minutes.1OPB. Slain Legacy Security Guard Lawsuit
Taken together, the family alleges Legacy took “woefully inadequate measures” to keep weapons out of the hospital and had built a culture that “tolerated workplace violence and punished those who reported workplace violence.”6The Oregonian. Parents of Slain Portland Hospital Security Guard File $35M Negligence Lawsuit Against Legacy Health
Evidence Supporting the Negligence Claims
Two outside findings sit behind the family’s case. An Oregon Occupational Safety and Health investigation into the incident produced a $3,000 fine against Legacy for failing to ensure staff were trained to respond to potential dangers or remove aggressive individuals.7The Lund Report. Legacy Wants to Knock Out Suit Filed by Smallwood Family The family’s legal team also cites a documented pattern of nearly 125 assaults at the hospital since 2022.
After the shooting, Legacy announced security upgrades across its eight hospitals, including metal detectors and bag searches, stun guns for lead security officers, and bullet-slowing film on main entrances and emergency department glass.8Chief Healthcare Executive. After Fatal Shooting of Guard, Legacy Health Plans New Security Measures
Legacy’s Defense: Workers’ Comp Is the Only Remedy
Legacy Health, represented by Matthew Kalmanson of Hart Wagner LLP, has moved to dismiss the case outright. Its position is that Oregon’s workers’ compensation system provides the “sole and exclusive remedy” for injuries suffered by an employee on the job. Under that no-fault framework, the hospital argues, an employer is shielded from additional negligence claims no matter how the employer acted.7The Lund Report. Legacy Wants to Knock Out Suit Filed by Smallwood Family
The Smallwood family’s response is that what happened to Bobby goes beyond a typical workplace injury, pointing to the ignored warnings, the OSHA findings, and the assault history to argue the conduct alleged falls outside the ordinary bargain workers’ comp is meant to cover.
Where the Case Stands
The case is pending in Multnomah County Circuit Court. A hearing was scheduled for late May 2026 to determine whether a trial on the workers’ compensation issue is necessary. If it moves forward, a two-day bench trial before Judge Kelly Skye is set for July 2026 to resolve whether workers’ comp exclusivity bars the family’s negligence claims. If the family clears that hurdle, a jury trial on the negligence allegations is scheduled for 2027.7The Lund Report. Legacy Wants to Knock Out Suit Filed by Smallwood Family
The shooter, PoniaX Kane Calles, fled the hospital after shooting Smallwood and was killed later that day during a traffic stop by Portland and Gresham police. A Multnomah County grand jury returned a “no true bill” on November 30, 2023, finding the officers’ use of deadly force was not criminal under Oregon law.9Portland Police Bureau. PoniaX Kane Calles Calles is not a defendant in the civil case; the suit is against Legacy Health alone.
Tammy Smallwood summarized the family’s view in one line: “Bobby, especially not being armed, I just feel like they took too many chances. Big guys don’t stop bullets.”6The Oregonian. Parents of Slain Portland Hospital Security Guard File $35M Negligence Lawsuit Against Legacy Health