8/31/2018 2:12 PM 18CV38516 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 /1/ :1 PM CV 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH 1 HEIDI SCHULTZ, v. Plaintiff, PRIME WIMBLEDON SPE, LLC, a Delaware limited liability company, and PRIME ADMINISTRATION, LLC, a Delaware Limited Liability Company, dba PRIME GROUP, dba WIMBLEDON SQUARE, dba WIMBLEDON SQUARE AND GARDENS, dba WIMBLEDON SQUARE AND GARDENS APARTMENTS, dba WIMBLEDON SQUARE APARTMENTS, and RACHEL LARSON, an individual, Defendants. Case No.: COMPLAINT FOR NEGLIGENCE AND BREACH OF NOT SUBJECT TO MANDATORY ARBITRATION PRAYER: $1,000 ORS.0(1(c JURY TRIAL DEMANDED Plaintiff demands a jury trial and alleges: PAGE 1 COMPLAINT FOR NEGLIGENCE AND BREACH OF 1. Defendants Prime Wimbledon SPE, LLC (hereinafter Prime Wimbledon, and Prime Administration, LLC (hereinafter Prime Administration, dba Prime Group, dba Wimbledon Square, dba Wimbledon Square and Gardens, dba Wimbledon Square and Gardens Apartments, dba Wimbledon Square SW nd Ave, Ste 0 Portland, OR Fax: 0-- Phone: 0--

2 1 Apartments, are and at all times mentioned herein have been Delaware limited liability companies.. At all times mentioned herein, defendant Rachel Larson was an Oregon resident, held a managerial position as an employee or agent of defendants Prime Administration and Prime Wimbledon and had authority to manage and was responsible for the condition of Wimbledon Square Apartments including its common areas including areas where trash receptacles were placed.. At all times mentioned herein, defendants Prime Wimbledon and Prime Administration were the owners and/or managers of the Wimbledon Square Apartments located at 1 SE 0 th Avenue, Portland Oregon, and SE Colt Drive, Portland, Oregon, such that they were landlords of such premises within the meaning of ORS 0.0(.. At all times mentioned herein, plaintiff was a tenant of Wimbledon Square Apartments, within the meaning of ORS 0.0((a(A.. On or about August,, a fire was ignited in a dumpster at Wimbledon Square Apartments, which spread to a dwelling unit due to the excess refuse, including mattresses, in and around the dumpster, as well as the proximity of the dumpster to the dwelling units. PAGE COMPLAINT FOR NEGLIGENCE AND BREACH OF SW nd Ave, Ste 0 Portland, OR Fax: 0-- Phone: 0--

3 1. On or about September 1,, plaintiff was walking her dogs in a common area of Wimbledon Square Apartments near a dumpster that contained an excessive amount of trash in and around it when she was attacked and bitten by a racoon.. At all times mentioned herein, defendant Larson was a regional vice president for Prime Administration and routinely worked on location at Wimbledon Square Apartments. Defendant Larson knew or should have known of the problem concerning excessive trash in and around the trash receptacles at Wimbledon Square Apartments.. Shortly prior to the above-described fire and racoon bite, defendant Larson walked the common areas near the trash receptacles at Wimbledon Square Apartments with at least two other co-employees. During this walk, defendant Larson was aware of excessive trash near the trash receptacles, the hazardous situation concerning trash, mattresses, and other items overflowing from the trash receptacles, and that the receptacles were placed too close to the sides of dwelling units at Wimbledon Square Apartments.. At all times mentioned herein, defendant Larson was aware of excessive trash in and around the trash receptacles at Wimbledon Square Apartments. PAGE COMPLAINT FOR NEGLIGENCE AND BREACH OF SW nd Ave, Ste 0 Portland, OR Fax: 0-- Phone: 0--

4 1. The presence of nuisance animals was a foreseeable hazard associated with the excessive trash in and around the trash receptacles at Wimbledon Square Apartments. The excessive trash in and around the dumpsters at Wimbledon Square Apartments attracted the raccoon that bit plaintiff.. As a result of the above-described attack, plaintiff sustained multiple bites and scratches on both legs and suffered through more than 0 injections in her legs, and has suffered from pain, discomfort, disability, and emotional distress, all to plaintiff s noneconomic damages in the amount of $1,000. This number may change, depending on whether plaintiff s condition improves, persists, or worsens. 1. As a further result of the above-described injury, plaintiff has incurred medical expenses in the amount of approximately $,000, and will incur future medical expenses in an amount to be determine at the time of trial. FOR A FIRST CLAIM FOR RELIEF FOR NEGLIGENCE AGAINST ALL DEFENDANTS plaintiff alleges:. Plaintiff realleges and incorporates by reference paragraphs 1 1, above. PAGE COMPLAINT FOR NEGLIGENCE AND BREACH OF SW nd Ave, Ste 0 Portland, OR Fax: 0-- Phone: 0--

5 1. The above-described injuries were caused by the negligence of all defendants in one or more of the following particulars: (a In failing to institute reasonable policies concerning waste management; (b In failing to comply with reasonable policies concerning waste management; (c In failing to respond to complaints/warnings concerning excessive trash in or around dumpsters; (d In failing to provide adequate receptacles for tenants to dispose of trash; (e In failing to maintain exterior property areas in a clean and sanitary condition free from any accumulation of rubbish or garbage in violation of Portland City Code Sec..0.0A; (f In allowing a dangerous amount of trash to accumulate around dumpsters in common areas so as to attract nuisance animals that pose a threat to tenants and guests. FOR A SECOND CLAIM FOR RELIEF FOR BREACH OF DUTIES UNDER THE OREGON RESIDENTIAL LANDLORD-TENANT ACT AGAINST DEFENDANTS PRIME WIMBLEDON AND PRIME ADMINISTRATION, plaintiff alleges: PAGE COMPLAINT FOR NEGLIGENCE AND BREACH OF SW nd Ave, Ste 0 Portland, OR Fax: 0-- Phone: 0--

6 1. Plaintiff realleges and incorporates by reference paragraphs 1 1, above.. At all times mentioned herein, the common area of the apartments near the dumpster where plaintiff was injured was a building, grounds, appurtenances, or area under control of the landlord within the meaning of ORS 0.(1(f.. The above-described injuries were caused by the failure of defendants Prime Wimbledon and Prime Administration to maintain the common grounds, dumpsters, and area around dumpsters in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin pursuant to ORS 0.(1(f, and plaintiff is entitled to compensation for such injuries under ORS 0.0( or ORS Plaintiff is entitled to reasonable attorney fees pursuant to ORS 0.. PAGE COMPLAINT FOR NEGLIGENCE AND BREACH OF SW nd Ave, Ste 0 Portland, OR Fax: 0-- Phone: 0--

7 WHEREFORE, plaintiff prays for judgment against defendants for economic damages in the amount of $,000 and noneconomic damages in the amount of $1,000, and for her costs, disbursements, and reasonable attorney fees incurred herein. Dated: August 1,. /s/ Gregory Kafoury Gregory Kafoury, OSB # Kafoury@kafourymcdougal.com Mark McDougal, OSB #0 mcdougal@kafourymcdougal.com Jason Kafoury, OSB #0 jkafoury@kafourymcdougal.com Attorneys for Plaintiff 1 PAGE COMPLAINT FOR NEGLIGENCE AND BREACH OF SW nd Ave, Ste 0 Portland, OR Fax: 0-- Phone: 0--