IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY

Transcription

1 // :: PM CV00 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY 1 1 GALE FOGELSTROM, vs. Plaintiff, FIELDS ENTERPRISES, LLC, a limited liability company; JEFFREY FIELDS, an individual; DAWSON TIMBER SERVICES, LLC, a limited liability company, Defendants. Case Number: COMPLAINT (Negligence; Personal Injury) Claim not subject to mandatory arbitration. Jury Trial Requested Prayer: For an Amount Determined by the Jury But Not to Exceed $,,.00 For her claim for personal injuries, Plaintiff Gale Fogelstrom states: CLAIM FOR RELIEF: NEGLIGENCE 1. At all times material, Defendant Fields Enterprises LLC ( Fields Enterprises ) and Defendant Dawson Timber Services LLC ( Dawson Timber ) were both domestic companies in the timber and forestry industry that conducted regular, sustained business activities in the Southern Willamette Valley, including, on information and belief, Lane County.. At all times material, Defendants Fields Enterprises and Dawson Timber maintained Page 1 of - COMPLAINT (Negligence; Personal Injury)

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3 1 1 (b) In choosing to shoot guns without an adequate backstop; (c) In choosing to shoot guns when vulnerable pedestrians were in the line of fire; (d) In choosing to allow guests on the property to shoot guns in the direction of a roadway, without a back stop, and/or when vulnerable pedestrians were in the line of fire; (e) In choosing to allow a portion of the Dawson Property to be used as a shooting area even though a public roadway was in the line of fire; (f) In choosing to allow a portion of the Dawson Property to be used as a shooting area even though there was not an adequate backstop; and (g) In choosing to leave Gale Fogelstrom laying in the street after shooting her and placing her in need of immediate medical assistance.. Defendants were negligent per se in one or more of the following ways: (a) For choosing to discharge a firearm across a public road in Oregon, in violation of Oregon Law ORS.0(1)(a); and (b) For choosing to not use ordinary care when shooting guns on the Dawson Property in a manner that resulted in seriously wounding Gale Fogelstrom, in violation of Oregon Law ORS.0. / / / / / Page of - COMPLAINT (Negligence; Personal Injury)

4 1 1. Defendants knew, or in the exercise of reasonable care should have known, that each of the negligent acts or omissions described above would create a foreseeable, unreasonable risk of harm to pedestrians and other users of a roadway, including Gale Fogelstrom.. At the time of the described shooting, Gale Fogelstrom was 0 years old, and she had a reasonable life expectancy of an additional. years.. The negligence of Defendants in one or more ways described above was a substantial factor in causing Gale Fogelstrom to suffer severe and permanent injuries. These injuries include gunshot physical and emotional trauma, delayed left-sided dependent bibasilar ateclastisis, lung collapse, pleural effusion, complex laceration of the spleen, perisplenic hematoma, gastric injury, extensive abdominal incisional scarring, internal bleeding of the peritoneal cavity, emergency splenectomy, trauma to the omentum, removal of the omentum from the transverse colon, anemia, leukocytosis, lesions on the left hepatic lobe of the liver, colitis of the colon, incisional hernia, delay in medical treatment, a bullet hole in the posterior wall of the stomach, and a bullet permanently lodged in the perineum. The injuries have required multiple painful and invasive medical procedures to date, including complex abdominal surgeries, invasive exploratory examinations, incisions, organ, tissue, and blood removal, stomach stapling, nasogastric intubation, and pulmonary protocols. The injuries have caused permanent scarring and disfigurement of Gale s abdomen. The gunshot injuries Page of - COMPLAINT (Negligence; Personal Injury)

5 1 1 and subsequent medical treatment placed Gale at risk of losing her life from organ trauma, sepsis, and internal bleeding. The injuries also placed Gale at substantial future risk of serious harms and death from increased susceptibility to uncontrollable bacterial infections, septicemia, sepsis, and immunological disorders due to the loss of her spleen, increased susceptibility to systemic lead poisoning, long term exposure to lead toxins, and debilitating lead arthropathy due to the lead bullet permanently lodged in her perineum, increased susceptibility to additional incisional hernias, and increased susceptibility to abdominal adhesions that could cause tissue death of the abdominal organs and life-threatening sepsis. Gale s ability to engage in her normal and usual activities was and may continue to be impaired. The injuries have caused and will continue to cause physical impairment, disfigurement, physical pain, mental suffering, discomfort, and inconvenience. Gale Fogelstrom has suffered non-economic damages in an amount to be determined by the jury in accordance with the law and the evidence, but not to exceed $,0,.00. Gale Fogelstrom will amend her Complaint shortly before trial to update the amount of her noneconomic damages.. As a further result of the above injuries, Gale Fogelstrom has required and will likely in the future require the services of hospitals, physicians, surgeons, nurses, therapists, technicians, specialized medical and assistive services, supplies, and devices, and has and will require medications, all in a reasonable and necessary amount all to her economic damage in an amount to be determined by the jury in accordance with the law and the evidence, but not Page of - COMPLAINT (Negligence; Personal Injury)

6 1 1 to exceed $0, Gale Fogelstrom will amend her Complaint shortly before trial to update the amount of her economic damages. NOTICE OF PUNITIVE DAMAGES. Gale Fogelstrom herein provides notice that she will seek leave to amend the Complaint to allege punitive damages in an amount no less than four times the total compensatory damages. * * * * WHEREFORE, Plaintiff Gale Fogelstrom prays for judgment against Defendants as follows: (a) For her non-economic, human damages in an amount to be determined by the jury in accordance with the law, not to exceed $,0,.00; (b) For his economic damages in an amount to be determined by the jury in accordance with the law, not to exceed $0,000.00; and (c) For the costs and disbursements incurred in this action. DATED: February,. Travis Eiva, OSB #00 travis@zempereiva.com Erin Zemper, OSB #0 erin@zempereiva.com Attorneys for Plaintiff Trial Attorney: Travis Eiva Page of - COMPLAINT (Negligence; Personal Injury)