[Prayer Amount $500,000.00] Filing Fee pursuant to ORS (l)(c)]

Transcription

1 12/3/ :55:31 AM 15CV29582 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH KORTNEY BROECKER AND SHANTELLE NAY, Plaintiffs, RONALD GLENN HANES, SR. an individual, and LESAINT CHEMICAL LOGISTICS, LLC, a Texas Limited Liability company LESAINT CHEMICAL LOGISTICS, LLC, a Ohio Limited Liability company and LESAINT LOGISTICS, LLC, an Illinois Limited Liability company. Case No. 15CV29582 FIRST AMENDED COMPLAINT (Negligence/Strict Liability/ Vicarious Liability/Personal [Prayer Amount $500,000.00] Filing Fee pursuant to ORS (l)(c)] CLAIM NOT SUBJECT TO MANDATORY ARBITRATION (Pursuant to UTCR ) 16 Defendants Plaintiffs KORTNEY BROECKER AND SHANTELLE NAY ("Plaintiff) allege: At all times relevant herein, Defendant LESAINT CHEMICAL LOGISTICS, LLC ("Defendant LESAINT CHEMICAL") is an Ohio Limited Liability Company, authorized to transact business in the State oforegon with regular sustained business activity conducted in Multnomah County, Oregon with its principal place ofbusiness located at 2730 NE Riverside Way Portland, OR 97211, Multnomah County, Oregon. -1- COMPLAINT (Negligence/Strict Liability/ Personal

2 LeSaint Chemical was also the registered owner of a semi-truck and trailer (License Plate # YAGZ507) involved in a roll-over collision on or about November 3, 2013 on the east side ofi- 84 near milepost outside ofdurkee, Oregon. At all times relevant herein, Defendant LESAINT CHEMICAL LOGISTICS, LLC ("Defendant LESAINT CHEMICAL "TEXAS") was registered with the Oregon Secretary of State, as a Texas Limited Liability Company, authorized to transact business in the State of Oregon with regular sustained business activity conducted in Multnomah County, Oregon with its principal place ofbusiness located at 2730 NE Riverside Way Portland, OR 97211, Multnomah County, Oregon. Defendant LESAINT LOGISTICS, LLC ("Defendant LESAINT LOGISTICS") was an Illinois, Limited Liability Company, with regular sustained business activity conducted in Oregon, including Multnomah County, Oregon. At all times material hereto, Defendant RONALD GLENN HANES, SR., (hereinafter "Defendant Hanes") was an employee or agent ofdefendant's LeSaint Chemical and LeSaint Logistics, acting within the course and scope ofhis employment or agency, and with the permission ofdefendant's, and while pursuing a business purpose ofdefendant's. 5. On or about November 3, 2013, Plaintiffs were riding as passengers in a vehicle proceeding -2- COMPLAINT (Negligence/Strict Liability/ Persona!

3 1 in the eastbound right hand lane of 1-84 when they noticed dangerous metal debris in the right east bound lane of1-84 and an overturned semi-truck and trailer offthe east side of1-84 near milepost outside of Durkee, Oregon. The metal debris presented a serious hazard to on coming traffic and Plaintiffs removed the debris from the roadway. Additionally, both plaintiffs rendered medical assistance and aid to defendant Hanes, who was seriously injured. Defendant Hanes lost control ofthe semi-truck and trailer causing both to leave the roadway slamming into the guardrail and overturning, spilling its cargo ofapproximately 4000 gallonsof Tetramethylammonium Hydroxide (TMAH), an extremely toxic and hazardous neurotoxin for a distance of400 feet on the highway surface, shoulder, onto the highway easement soils along the highway, underneath an overpass, underneath the truck and trailer and down a hill. Said crash was caused by the negligence of Defendant Hanes. 6. Plaintiffs were unaware ofthe contents ofdefendant's hazardous cargo and it was foreseeable that someone, including Plaintiffs, would assist and render aid to Defendant Hanes and thereby be injured as a result ofdefendant Hanes negligence. 7. Said collision and Plaintiffs injuries were caused by the negligence ofdefendant Hanes in one or more ofthe following particulars: (a) In failing to pay attention to the road while driving; (b) (c) In carelessly taking his eyes offthe road; In failing to keep a proper lookout; 25 (d) In failing to maintain proper control over the vehicle he was operating. -3- COMPLAINT (Negligence/Strict Liability/ Personal

4 9. As a result of Defendant Hanes's negligence, PlaintiffKortney Broeckersustained personal injuries from exposure and inhalation of chemical fumes, including but not limited to: Severe headaches, spontaneous vomiting, severe nausea, disorientation, dizziness, lightheadedness, loss ofenergy, significant eye pain, redness and synapses of"shooting light flashes", loss ofnormal breathing, episodes ofbeing unable tobreath tothe point that she thought she was having a heart attack, constant wheezing with any activity, a constant cough with frequent episodes of spontaneous uncontrolled coughing spasms, Reactive Airways Dysfunction Syndrome (RADS)requiring Plaintiff Broecker tobeplaced onventolin (Albuterol) and Advair medical inhaler's. Itiscurrently unknown whether PlaintiffBroecker's Reactive Airways Dysfunction Syndrome ispermanent andplaintiffwill amend this complaint once it isdetermined. Severe emotional distress as a result of tremendous concern and anxiety for her physical and mental well being; Pain and humiliation asa result ofhaving to strip naked infront ofstrangers and "hosed down" with water inthe middle of1-84 infreezing temperatures and permanently losing all her possessions. As a result of said injuries, Plaintiff Kortney Broecker has incurred reasonable and necessary medical treatment and evaluation costs in an approximate amount of $9, and will continue to incur medical costs in the future for ongoing medical care in an amount to be interlineated at the time oftrial Additionally, as a result ofsaid injuries described herein, plaintiff Kortney Broecker was unable to work on a consistent basis in her usual occupation as a bartender and sustained income loss of approximately $4, The exact amount of loss will be interlineated at the time of trial. -4- COMPLAINT (Negligence/Strict Liability/ Personal

5 12. As a result of her injuries, plaintiffkortney Broecker has experienced and continues to experience breathing discomfort resulting in an inability to fully and completely enjoy recreational activities and anxiety and worry over her condition. Plaintiff Kortney Broecker requests a sumfor noneconomic damages which a jury decides is fair for her painand suffering and emotional harm associated with her injuries, but not to exceed the sum of $200,000, As a result ofdefendant Hanes's negligence, Plaintiff Shantelle Nay sustained personal injuries from exposure and inhalation of chemical fumes, including but not limited to: throat irritation, loss ofstamina, headache, dizziness, lightheadedness, nausea, exhaustion, sustained cough, difficulty breathing andshortness of breath requiring medical inhalers, eye irritation, diffuse body aches, confusion with herthought processes including difficulty with focusing andgathering herthoughts, sharp shooting pains inherchest; burning in her eyes and face, hair thinned and broke off as well as her eyebrows, occasional numbness toherextremities aswell asshooting bi-lateral low back pain that went up into hermidback; feelings of being physically andemotionally horrible. Severe emotional distress as a result of tremendous concern andanxiety for herphysical and mental well being; Pain andhumiliation as a result ofhaving to strip naked infront ofstrangers and "hosed down" with water inthe middle of1-84 in freezing temperatures and permanently losing all herpossessions. 14. As a result ofsaid injuries, PlaintiffShantelle Nay has incurred reasonable and necessary medical treatment and evaluation costs in an approximate amount of $4, and will continue to incur medical costs in the future for ongoing medical care in an amount to be interlineated at the time oftrial. -5- COMPLAINT (Negligence/Strict Liability/ Personal randy@oetken law.com

6 15. As a result of her injuries, Plaintiff Shantelle Nay has experienced and continues to experience some breathing discomfort resulting in an inability to fully and completely enjoy recreational activities and anxiety and worry overher condition. Plaintiff Shantelle Nay requests a sumfor noneconomic damages which a jury decides is fair for herpainand suffering and emotional harm associated with her injuries, but not to exceed the sum of$200, Defendant's LeSaint Chemical and LeSaint Logistics, as principals and/or employer, are vicariously liable under the doctrine of respondeat superior for the acts and omissions of Defendant Hanes. 17. As a direct and proximate result of the negligence of Defendants, Plaintiff Kortney Broecker has incurred the following damages: (a) Medical and related expenses through December 2, 2015 in the approximate amount of$9, (b) Plaintiffmay have sustained permanent injuries and will incur future medical and related expenses the exact amount ofloss will be interlineated at the time oftrial, and for medical costs in the future for any ongoing medical care for on going problems in an amount to be determined at the time oftrial and for her costs and disbursements incurred herein. (c) Plaintiffwas unable to work at her usual employment, and has incurred lost income in the approximate amount of$4, COMPLAINT (Negligence/Strict Liability/ Personal

7 (d) As a result of Defendants' negligence, Plaintiffhas suffered pain, concern and extreme anxiety for her physical well-being, humiliation, emotional distress, inconvenience, and interference with her normal and usual recreational activities. Plaintiff requests compensation for noneconomic losses which a jury decides is fair, but not to exceed the sum of$200, As a direct and proximate result of the negligence of Defendants, Plaintiff Shantelle Nay has incurred the following damages: (a) Medical and related expenses through December 2, 2015 in the approximate amount of$4, (b) Plaintiff may have sustained permanent injuries and will incur future medical and related expenses the exact amount of loss will be interlineated at the time of trial, and for medical costs in the future for any ongoing medical care for on going problems in an amount to be determined at thetime of trial andfor her costs and disbursements incurred herein. (c) As a result of Defendants' negligence, Plaintiff has suffered pain, concern and extreme anxiety for her physical well-being, humiliation, emotional distress, inconvenience, and interference with her normal and usual recreational activities. Plaintiffrequests compensation for noneconomic losses which a jury decides is fair, but not to exceed the sum of$200, COMPLAINT (Negligence/Strict Liability/ Personal

8 STRICT LIABILITY 19. Plaintiffrealleges and incorporates by reference paragraphs 1 through 18 as though fully set forth herein. 20. Defendant's herein either owned or had control over the hazardous chemicals spilled in the crash and pursuant to ORS , all Defendant's herein are strictly liable. WHEREFORE, PlaintiffBroecker prays for judgment against Defendants jointly and severally as follows: 1. Compensation for Plaintiffs past economic damages for medical and related expenses and lost income in the amount of$13,796.73, subject to amendment at the time oftrial; 2. Compensation for Plaintiffs future economic damages for medical and related expenses and lost income subject to amendment at the time oftrial; 3. Compensation for Plaintiffs non-economic damages in the amount of $200,000; 4. For interest according to law; 5. For Plaintiffs costs and disbursements incurred herein; and 6. For such further and other relief as the Court deems just and proper. WHEREFORE, PlaintiffNay prays for judgment against Defendants jointly and severally as follows: 1. Compensation for Plaintiffs past economic damages for medical and related expenses and lost income in the amount of$4,253.00, subject to amendment at the time oftrial; -8- COMPLAINT (Negligence/Strict Liability/ Personal

9 2. Compensation for Plaintiffs future economic damages for medical and related expenses subject to amendment at the time oftrial; 3. Compensation for Plaintiffs non-economic damages in the amount of $200,000; 4. For interest according to law: 5. For Plaintiffs costs and disbursements incurred herein; and 6. For such further and other relief as the Court deems just and proper. DATED December &ft Randy Oetken,\)SB# Attorney for PJaintiff Trial Attorney: Same as above -9- COMPLAINT (Negligence/Strict Liability/ Personal