3/24/ :21:10 AM 17CV12356 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MULTNOMAH COUNTY. ) ) Case No.: ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT
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- Phoebe Welch
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1 //1 :1: AM 1CV1 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MULTNOMAH COUNTY CAROL THORNBERG, an individual, Plaintiff, vs. SFI SW TH AVENUE, LLC, dba EXECUTIVE BUILDING, a foreign limited liability company, THYSSENKRUPP ELEVATOR CORPORATION, a foreign business corporation, 1 Defendants. 1 Case No.: COMPLAINT Negligence NOT SUBJECT TO MANDATORY ARBITRATION JURY TRIAL REQUESTED AMOUNT OF PRAYER: $,000,000 (ORS 1.(1(d PARTIES & JURISDICTION 1. Plaintiff Carol Thornberg ("Plaintiff' is an individual who resides in Vancouver, Clark County, Washington.. Defendant SFI SW th A venue ("Defendant SFI" is a foreign limited liability company doing business as Executive Building, with its principal place of business in Portland, Multnomah County, Oregon, and which conducts regular business in Multnomah County, Oregon. 1 -COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont. Suite 0 Portland. Oregon 1 Phone: (0 - Fax: (0-0
2 Defendant ThyssenKrupp Elevator Corporation ("Defendant ThyssenK.rupp" is a foreign business corporation with its principal place of business in Alpharetta, Georgia, and which conducts regular business in Multnomah County, Oregon.. The Circuit Court of Multnomah County has personal jurisdiction over Defendants because they conduct business in the county and because the acts alleged herein occurred in the county. FACTS. Plaintiff is employed by the Oregon Department of Environmental Quality (DEQ. At all relevant times, Plaintiffworked at the DEQ Headquarters located in the Executive Building, Southwest th Avenue, Portland, Oregon. The Executive Building is owned and maintained by Defendant SFI.. At all relevant times, Defendant ThyssenK.rupp serviced the elevators located in the Executive Building.. On July, 1, at approximately :0p.m. PST, Plaintiff entered the Executive Building's elevator from the DEQ Headquarters on the th floor. Once in the elevator, Plaintiff pressed the button for the lobby. Just after pressing the button, the elevator violently shook and abruptly dropped. It fell rapidly, then jolted to a halt before falling again. The elevator plummeted three separate times in this way before becoming stuck between the th and th floor. - COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont, Suite 0 Portland, Oregon 1 Phone: (0 - Fax: (0-0
3 As a result of the elevator becoming stuck, Plaintiff became trapped in the elevator and could not escape. She rang the emergency bell in the elevator but was unable to reach anyone. While trapped inside the elevator, Plaintiff suffered a heart attack.. Plaintiff was able to yell for help to the DEQ's Health and Safety Officer Jeff Kerr. Mr. Kerr was able to reach the doors of the elevator between six and twelve inches below the th floor opening. When Mr. Kerr attempted to open the elevator manually, the elevator began to shake violently and started slipping down. During this time period, emergency personnel were called. Elevator technicians employed by Defendant ThyssenKrupp responded to the service call.. Plaintiff was trapped inside the shaking elevator for over thirty minutes before she was finally rescued.. When the elevator doors were finally opened, a large group of onlookers had gathered. Plaintiff was extremely panicked and was having trouble breathing. Mr. Kerr helped Plaintiff out of the elevator. Wendy Wiles, DEQ Division Administrator arrived and she and Mr. Kerr assisted Plaintiff to the stairwell. When Plaintiff entered the stairwell, she collapsed and cried for a period of time. Eventually Plaintiff was able to accept their assistance down the stairs to the lobby. -COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont. Suite 0 Portland, Oregon 1 Phone: (0 - Fax: (0-0
4 Upon reaching the lobby, Plaintiff continued to have trouble breathing and had to stop and prop herself against the wall. At this point, Mr. Kerr told Plaintiff, "They had problems with the elevator this morning." Ms. Wiles said to Mr. Kerr that there should have been a system in place to warn people in the building not to use the elevator. 1. A co-worker helped Plaintiff onto a MAX train outside the building, which she took to the Portland Expo Center where her car was parked. Plaintiff had difficulty driving home. As soon as she arrived home, she felt realized she needed emergency medical care. 1. Plaintiff and a friend drove to the emergency room together. Upon arriving at the emergency room, she was immediately admitted. Doctors hooked her up to IV s, drew blood, and performed X-rays and EKGs. Tests revealed Plaintiff had suffered a stress-induced heart attack. Plaintiff was diagnosed with cardiomyopathy. 1. Doctors were able to stabilize Plaintiffs condition, but determined they needed to perform surgery the next morning. The next day, Plaintiff underwent surgery to treat her stressinduced heart attack. Plaintiff spent three days in the hospital, from Thursday, July, 1 to Saturday, July, Since her surgery, Plaintiff has continued to be treated for the stress-induced heart attack she suffered in the elevator. - COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont, Suite 0 Portland, Oregon 1 Phone: (0 - Fax: (0-0
5 PLAINTIFF'S FIRST CLAIM FOR RELIEF Negligence (Against Defendant SFI 1. Plaintiff realleges and incorporates herein by reference the allegations contained in paragraphs 1 through 1 above. 1. Plaintiff, a business invitee, had a special relationship Defendant SFI. Defendant SFI, their agents and employees, were negligent in breaching one or more of the following nondelegable duties: A duty to use due care to maintain its premises, including the routine inspection and maintenance of the elevators and their respective components to keep the elevators in a safely functioning condition; A duty to make timely repairs to elevators once Defendant knew or should have known of any defects and/or dangers; A duty to affirmatively protect Plaintiff against the defects and/or dangers in the condition of the elevators in the Executive, including a duty to warn Plaintiff of such latent defects and/or dangers. 1. Regardless of Plaintiffs status, Defendant SFI knew or should have known that the elevator was experiencing mechanical problems on July, 1, and its breach of the abovenamed duties caused a foreseeable risk of harm. -COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont, Suite 0 Portland, Oregon 1 Phone: (0 - Fax: (0-0
6 Oregon law protects against the negligent invasion of an individual's interest to be safe from harm. 1. Defendant SFI's conduct was unreasonable in light of the risk of harm. There was a high likelihood of harm to Plaintiff because Defendant SFI failed to properly maintain the elevator and/or warn Plaintiff that the elevator had been experiencing mechanical issues on July, 1. Elevator mechanical issues can present severe harm to elevator users. Proper oversight of routine maintenance and warning regarding the mechanical issues would have likely prevented the harm with little cost to Defendant SFI.. Defendant SFI' s conduct was a direct and proximate cause of Plaintiffs harm. Plaintiff would not have experienced this injury, but for Defendant SFI's failure to ensure the timely repair of the elevator on or before July, 1 and its failure to warn Plaintiff regarding the elevator's mechanical issues.. Plaintiff was within the class of persons and Plaintiffs injury was within the general type of potential incidents and injuries that made Defendant SFI's conduct negligent.. As a direct result of Defendant SFI's negligence, Plaintiff is entitled to economic damages in the form of loss of income and ongoing medical expenses in an amount to be determined at trial. - COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont. Suite 0 Portland. Oregon 1 Phone: (0-1 Fax: (0-0
7 As a direct result of Defendant SFI' s negligence, Plaintiff suffered non-economic damages in the form of pain and suffering in an amount to be determined at trial, but which is alleged to be not more than $,000, As a direct result of Defendant SF I' s negligence, Plaintiff suffered non-economic damages in the form of emotional distress and loss of quality of life in an amount to be determined at trial, but which is alleged to be not more than $,000, PLAINTIFF'S SECOND CLAIM FOR RELIEF Negligence (Against Defendant ThyssenKrupp. Plaintiff realleges and incorporates herein by reference the allegations contained in paragraphs 1 through 1 above.. Defendant ThyssenKrupp, by and through their agents and/or employees, owed its passenger Plaintiff a legal duty to exercise due care. ThyssenKrupp breached its duty to plaintiff by not exercising that degree of care that an ordinarily prudent maintainer of an elevator would exercise under the same or similar circumstance in one of the following ways: ThyssenK.rupp had prior knowledge of the problem that caused the mechanical failures at issue and failed to take reasonable steps to correct the problem; or - COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont, Suite 0 Portland, Oregon 1 Phone: (0 - Fax: (0-0
8 I IO II I I I I I I I I I ThyssenKrupp did not use reasonable care in maintaining the elevator by failing to discover, and then correct, a problem that caused the problem that caused the mechanical failures at issue.. As the servicer of the elevators at the Executive Building, Defendant ThyssenK.rupp knew or should have known that the elevator was experiencing mechanical problems on July, I, and its breach of its legal duty to exercise due care caused a foreseeable risk of harm to Plaintiff. Defendant ThyssenK.rupp had a duty to take reasonable steps to inspect and discover problems, as well as a duty to maintain and service the elevators in the Executive Building. 0. Oregon law protects against the negligent invasion of an individual's interest to be safe from harm. 1. Defendant ThyssenK.rupp's conduct was unreasonable in light of the risk ofharm. There was a high likelihood of harm to Plaintiff because Defendant ThyssenK.rupp failed to take reasonable steps to correct the mechanical failures despite having prior knowledge of the problem, or did not use reasonable care in maintaining the elevator by failing to discover, and then correct, a problem that caused the problem that caused the mechanical failures at issue. Elevator mechanical issues can present severe harm to elevator users. Proper routine maintenance and warning regarding the mechanical issues would have likely prevented the harm with little cost.. Defendant ThyssenK.rupp's acts of negligence, combining and concurring with one another and with the acts and omissions of the Defendant SFI, were the direct and proximate - COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont. Suite 0 Portland, Oregon 1 Phone: (0 - Fax: (0-0
9 cause of the injuries and damages sustained by the Plaintiffs herein. Plaintiff would not have experienced this injury, but for Defendant ThyssenKrupp' s failure to take reasonable steps to inspect and discover problems, as well as a duty to maintain and service the elevators in the Executive Building.. Plaintiff was within the class of persons and Plaintifr s injury was within the general type of potential incidents and injuries that made Defendant ThyssenKrupp '.s conduct negligent. As a direct result of Defendant ThyssenKrupp's negligence, Plaintiff is entitled to economic damages fn the' form of loss of income and ongoing medical expenses in an amount to be determined at trial... As a direct result of Defendant ThyssenKrupp's negligence, Plaintiff suffered noneconomic damages in the form of pain and suffering in an amount to be determined at trial, but which is alleged to be not more than $,000, As a direct result of Defendant ThyssenKrupp' s negligence, Plaintiff suffered noneconomic damages in the form of emotional distress and loss of quality of life in an amount to be determined at trial, but which is alleged to be not more than $,000, COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont. Suite 0 Portland. Oregon 1 Phone: (0 - Fax: (0-0
10 JURY DEMAND Plaintiff demands a j ury trial on all questions of fact or combined questions of law and fact raised in this Complaint. WHEREFORE, Plaintiff prays for the relief as set forth in this Complaint, together with such other reliefthat the Court finds just and equitable. DATED thisd 1t y ofmarch, 1. 1 I By: tin C. Dolan, OSB No. Megan E. Dolan, OSB No. 0 S. Caitl in Dolan, OSB No. 0 Of Attorneys for Plaintiff Dolan Law Group PC 00 NE Fremont St., Ste. 0 Portland, Oregon 1 Telephone: 0-- Fax: martin@dolanlawgroup.com me!lan@.dolanlawgroup.com caitlin@.dolanlawgroup.com - COMPLAINT DOLAN LAW GROUP PC 00 N.E. Fremont, Suite 0 Portland. Oregon 1 Phone: (0 - Fax: (0-1 00
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