IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No. ) ) ) ) ) ) ) ) ) ) ) )

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1 // :: AM CV0 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH 1 1 ESTATE OF ROBERTA ELLESON, by and through Dennis Elleson, Personal Representative, and DENNIS ELLESON, vs. Plaintiffs, ALISA D. HARDY and RODY M. HARDY, Defendants. Case No. COMPLAINT AND DEMAND FOR JURY TRIAL Civil Action for Wrongful Death; Negligence; Nuisance; Trespass (NOT SUBJECT TO MANDATORY ARBITRATION Prayer Amount: $,,000 Fee Authority: ORS.0(1(d 1. Dennis Elleson is the duly appointed personal representative for the estate of his wife, Roberta Elleson ( decedent. Decedent at the time of her death was a 1-year-old resident of Portland, Multnomah County, Oregon.. At all times material, plaintiff and decedent resided at Multnomah County, Oregon, in a house owned by plaintiff and decedent., Portland, Page 1 of - COMPLAINT (0-00

2 . At all times material, defendants, Alisa D. Hardy and Rody M. Hardy, owned the home next door to plaintiff at, Portland, Multnomah County, Oregon A fir tree on defendants property, immediately west of plaintiffs property line, overhung the property line and the driveway of plaintiffs property. The tree also overhung the plaintiffs house, regularly dropping pine cones, branches, needles, and other debris on the roof. The condition of the tree, coupled with its position on the west side of plaintiffs property and its close proximity to plaintiffs home, presented a significant foreseeable danger of tree failure and resulting collapse onto plaintiffs home. Defendants had ample opportunity to see the tree on a daily basis and to observe any hazardous defects in the tree.. On or about February,, plaintiff Dennis Elleson requested defendants in writing to remove the tree, for fear it would fall on plaintiffs house. A true copy of the text message is attached hereto as Exhibit A.. On at least occasions, plaintiff Dennis Elleson verbally notified defendants the tree was lopsided and requested defendants cut down the tree between February and December.. On or about October,, a -foot branch fell from the fir tree and landed on Roberta s van, causing damage in the amount of $1,0.. Despite plaintiffs repeated warnings, defendants took no steps to remove the tree. Page of - COMPLAINT (0-00

3 1 1. At or about :0 a.m., Wednesday, December,, the tree fell on plaintiffs home, crashing through the roof and pinning plaintiff s decedent, Roberta Elleson, underneath the tree while she was in bed. She suffered fatal injuries from the tree falling on her, and died as a result of her injuries in a matter of minutes.. Prior to her death, Roberta Elleson experienced conscious physical and mental pain, suffering, and emotional stress, all to her non-economic damages in the amount of $1,00,000.. Decedent is survived by plaintiff; by her three children, Sonia (, Eric (1, and Kirk (; and her five grandchildren. As a result of the death of decedent, the beneficiaries of the estate have suffered from the loss society, companionship, support and services of Roberta Elleson and other losses for which the estate is entitled to an award of general non-economic damages in the sum of $1,00, As a result of defendants wrongful act or omission, decedent s estate incurred burial and memorial charges of $, As a result of the tree falling on his house, plaintiff sustained economic damages of $,000, with additional amounts to be proven at trial, arising from damage to his home. FIRST CLAIM FOR RELIEF (Negligence; Wrongful Death Plaintiffs reallege paragraphs 1-1 as though fully set forth herein, and further allege: Page of - COMPLAINT (0-00

4 1 1. Defendants were negligent, reckless, and behaved unreasonably in causing or contributing to decedent s injuries and death as follows: (a Failing to properly inspect the tree or otherwise notice the dangerous condition of the tree as described above; (b Disregarding plaintiffs warnings about the danger posed by the tree and plaintiffs requests to remove the tree; (c Continuing to disregard the danger posed by the tree even after a falling branch damaged decedent s van; and (d Failing to take appropriate precautions to either trim or remove the tree to eliminate or lessen the hazard presented to plaintiff, to plaintiff s decedent, and to plaintiff s property.. It is reasonably foreseeable that the negligent and/or reckless acts and omissions of defendants as alleged herein would place plaintiff, decedent and their property at risk of injury and damage from the falling tree.. As a result of Defendants negligence, plaintiff, decedent, and decedent s estate suffered damages as alleged herein. SECOND CLAIM FOR RELIEF (Trespass; Wrongful Death Plaintiffs reallege paragraphs 1-1 as though fully set forth herein, and further allege: Page of - COMPLAINT (0-00

5 . In doing the acts and omissions alleged herein, defendants negligently or recklessly caused an unauthorized entry onto plaintiffs land that disturbed plaintiffs interest in the right to exclusive possession of their land.. As a result of Defendants trespass, plaintiff, decedent, and decedent s estate suffered damages as alleged herein. 1 1 THIRD CLAIM FOR RELIEF (Nuisance; Wrongful Death Plaintiffs reallege paragraphs 1-1 as though fully set forth herein, and further allege:. In doing the acts and omissions alleged herein, defendants, acting in an intentional, reckless or negligent manner in maintaining a tree on their property that they knew, or in the exercise of reasonable care should have known, was a danger to the property of plaintiffs, substantially and unreasonably interfered with plaintiffs rights to and interest in the use and enjoyment of their own land.. As a result of Defendants interference with plaintiffs rights and interests, plaintiff, decedent, and decedent s estate suffered damages as alleged herein. Page of - COMPLAINT (0-00

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