IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES ) ) ) ) ) ) ) ) ) ) ) PARTIES

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1 // :: PM CV1 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES PHYLLIS HINTON, Plaintiff, v. THE COUNTY OF DESCHUTES, Defendant. Case No. PLAINTIFF S COMPLAINT NEGLIGENCE-PERSONAL INJURY CLAIM NOT SUBJECT TO MANDATORY ARBITRATION TOTAL CLAIM: $,00.00 Plaintiff alleges: PARTIES 1. Plaintiff Phyllis Hinton is an individual residing in Deschutes County, Oregon. Defendant Deschutes County is a local public body whose principal administrative office is located in Bend, Deschutes County, Oregon. 1-COMPLAINT, Hinton v. Deschutes County 1-0-; Fax, 1--0; Cellular, JURISDICTION and VENUE. Jurisdiction and venue are proper as both parties are domiciled or administrated in Deschutes County, Oregon.

2 FACTUAL BACKGROUND -COMPLAINT, Hinton v. Deschutes County 1-0-; Fax, 1--0; Cellular, At all times relevant to this cause of action, Defendant occupied offices, inter alia, of the Deschutes County District Attorney s Office in a building located at NW Bond Street, Bend, Deschutes County, Oregon.. Defendant was responsible for the maintenance of the building and surrounding property located at NW Bond Street, Bend, Deschutes County, Oregon, including the sidewalks, driveways and parking lots.. On or about September,, Plaintiff complied with a Jury Summons to serve by appearing at the Deschutes County Courthouse located at 10 NW Bond Street, Bend, Deschutes County, Oregon.. After reporting for Jury Duty on September,, Plaintiff and other jurors were excused from duty for that day and were released to leave the Courthouse. The jurors left the Courthouse en mass, walking on the front cobblestone sidewalk running along Bond Street to the jurors parking facility.. Plaintiff, while negotiating along on the uneven, damaged cobblestone sidewalk, tripped and fell, hitting her head and sustaining multiple serious injuries.

3 -COMPLAINT, Hinton v. Deschutes County 1-0-; Fax, 1--0; Cellular, Plaintiff was transported by ambulance to St. Charles Hospital, admitted and hospitalized for three days.. Plaintiff sustained injuries which prevented her from working at her regular employment as a credit union teller for some time. After returning to work she still experienced significant residual limitations from her injuries, inter alia, short term memory loss.. On August,, Plaintiff was separated from her employment at her employer s request due to her inability to adequately perform the duties of her position. Plaintiff applied for and was approved to receive long term disability. commencing on August, based upon her inability to perform her job as a result of the injuries sustained on September,.. Plaintiff s activities and quality of life are greatly diminished as a direct result of the injuries sustained from the September, event, inter alia, restrictions on driving a motor vehicle, inability to have her grandchildren in her care without third party supervision and restrictions of her mobility.. Plaintiff served the defendant with a TORT CLAIM NOTICE on or about March, pursuant to ORS 0. within 0 days of the sustained injury.

4 CLAIM FOR RELIEF NEGLIGENCE -COMPLAINT, Hinton v. Deschutes County 1-0-; Fax, 1--0; Cellular, The Defendant s conduct was negligent in that the cobblestone sideway, which is open to the public and all manner of foot traffic, was not kept in a repaired state safe for that usage.. The Defendant s act or omission was a substantial factor in causing the injury to the plaintiff in that the defendant conduct caused the injury even though it was not the only cause but an important factor and not one that is insignificant.. The Defendant s conduct is a cause of the plaintiff s injury, in that the injury would not have occurred but for that conduct of not maintaining the safety of the public walk way.. It is reasonable and foreseeable that plaintiff is within the general class of persons who would utilize the cobblestone sidewalk, both as a juror and as a member of the general public. It is reasonable to anticipate that a person or persons walking on the damaged cobblestone sidewalk would, as a result from defendant s conduct, be injured.

5 PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against defendant for damages in the sum of $,00.00 for plaintiff s claim for relief and for costs and disbursements incurred. DATED this th day of September, at Redmond, Deschutes County, Oregon. /s/mary J. Grimes Mary J. Grimes, OSB# 0 P. O. Box, Redmond, Oregon [Fax] mjgabrielle@yahoo.com Attorney for Plaintiff, Phyllis Hinton Trial Attorney: Mary J. Grimes OSB#0 -COMPLAINT, Hinton v. Deschutes County 1-0-; Fax, 1--0; Cellular, 1-0-