12/4/ :33 PM 17CV52549 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY. Case No. COMPLAINT

Transcription

1 // : PM CV 1 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY YOUSEF RAMADAN, Plaintiff, v. SAFEWAY, INC., Defendant. Case No. COMPLAINT Assault and Battery Amount in Controversy: $00,000 Fee Authority: ORS.0(1)(c) Filing Fee: $0 Claim Not Subject to Mandatory Arbitration Demand for Jury Trial 1. JURISDICTION AND THE PARTIES Mr. Yousef Ramadan is an individual living with his fiancé and -year-old son in the Portland, Oregon area. Mr. Ramadan has never been convicted of any crime and has never filed a lawsuit before. Defendant Safeway, Inc. is a multi-billion dollar Delaware corporation operating store location number 00 at NE Division Street in Gresham, Oregon. Defendant maintains control and ownership over store location number 00 for the benefit and use of customers like Mr. Ramadan. COMPLAINT Page 1 of

2 . FACTUAL ALLEGATIONS This complaint s allegations are based on personal knowledge as to Mr. Ramadan s own conduct and are made on information and belief as to the acts of others. On November, at around :pm, Mr. Ramadan went to defendant s store location at NE Division Street in Gresham, Oregon to buy groceries. Mr. Ramadan s fiancé dropped him off outside the store entrance, and she waited outside the store in her car for him to return. Mr. Ramadan entered the Safeway store, picked up milk, juice, and soda, and received a text from his fiancé asking him to check if the propane case at the front of the store had any tanks left for purchase. As Mr. Ramadan approached the propane case at the front of the store, he saw his fiancé s car, and walked towards the car to ask her to hand him the old empty propane tank so he could compare it with the tanks in the case.. Suddenly, out of nowhere, Mr. Ramadan heard quick footsteps approaching him from behind. A large man then grabbed Mr. Ramadan around the body from behind. The mugger s arms slammed into Mr. Ramadan, wrapping around Mr. Ramadan s entire upper body, arms, and chest with such an intense force that it caused everything Mr. Ramadan was holding to crash to the ground. Terrified, in pain, and unable to see his mugger in the dark, Mr. Ramadan ran away into the rainy night as fast as he could towards Burnside street. Not knowing how close the mugger was behind him or if the mugger had a weapon, Mr. Ramadan quickly made COMPLAINT Page of

3 the decision to throw his wallet on the ground as he escaped. Mr. Ramadan ran until he couldn t hear footsteps anymore, then turned around to see the mugger in what looked like a reddish maroon jacket bending down over what Mr. Ramadan believed was his wallet. Mr. Ramadan made it to Burnside street, where his fiancé located him and drove him home to recuperate from his injuries.. Mr. Ramadan weighed about pounds and was wearing flip flops when he was attacked by the mugger. The mugger was considerably larger than Mr. Ramadan, and the attack caused Mr. Ramadan significant and extreme pain, fear and shock. Mr. Ramadan already had bad joints as a long-term side effect of having cancer and going through chemotherapy as a child. When Mr. Ramadan later contacted the police for help getting his wallet back, he learned that the mugger was in fact a loss prevention worker under defendant s employ. Defendant later refused to identify the attacker to Mr. Ramadan and refused Mr. Ramadan s requests to view videotape from its security cameras.. CAUSES OF ACTION Claim One Assault Defendant s employee intentionally attempted to engage in harmful and offensive contact with Mr. Ramadan as alleged above, and defendant s employee had the present ability to carry his intention into effect. Defendant s employee was acting COMPLAINT Page of

4 within the scope of his job with defendant, and so defendant is liable for the assault on Mr. Ramadan in an amount of compensation to be decided by the jury not to exceed $00,000.. Claim Two Battery Defendant s employee intentionally acted to cause Mr. Ramadan harmful and offensive contact as alleged above. Defendant s employee specifically intended to cause Mr. Ramadan harm. Defendant s employee was acting within the scope of his job with defendant, and so defendant is liable for the battery on Mr. Ramadan in an amount of compensation to be decided by the jury not to exceed $00,000.. Claim Three Negligence Defendant breached its legal duty to maintain its store premises in a safe condition for customers like Mr. Ramadan. Defendant s failure to exercise reasonable care and failure to train its loss prevention employees and to screen its loss prevention employees directly and proximately caused Mr. Ramadan injuries. Defendant s negligence as alleged in this complaint created various foreseeable and unreasonable risks of injury to Mr. Ramadan. As a result of defendant s negligence, defendant is liable to provide Mr. Ramadan fair compensation in an amount to be decided by the jury not to exceed $00,000. COMPLAINT Page of

5 . WHEREFORE, Mr. Ramadan requests order and judgment against defendant as follows: A. Money judgment against defendant in favor of Mr. Ramadan for fair compensation in an amount to be decided by the jury not to exceed $00,000, and costs, and B. For such other and further relief as the Court deems just and proper. DEMAND FOR JURY TRIAL Mr. Ramadan respectfully demands trial by jury. December, RESPECTFULLY FILED, /s/ Michael Fuller Michael Fuller, OSB No. 0 Lead Trial Attorney for Mr. Ramadan Olsen Daines PC US Bancorp Tower 1 SW th Ave., Suite 0 Portland, Oregon michael@underdoglawyer.com Direct COMPLAINT Page of