2/13/20 :01 AM CV072 1 2 3 4 5 6 7 8 9 11 13 16 20 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF WASHINGTON FRANCISCO JAVIER PEREZ-SANCHEZ, the Personal Representative of the Estate of ELENA VELASQUEZ-PELICO, deceased; and FRANCISCO JAVIER PEREZ-SANCHEZ, the Personal Representative of the Estate of BABY VELASQUEZ-PELICO, deceased, Plaintiffs, v. SUHA M. AL NAISANI; SALSA MARKET, INC., an Oregon corporation; TIENDA TIERRA CALIENTE, INC., dba Salsa Market, an Oregon corporation; ALICIA and URIEL ESTRADA, wife and husband, Defendants. Plaintiffs allege: Case No. COMPLAINT FIRST CLAIM FOR RELIEF (Against Defendant Suha M. Al Naisani (Negligence and Negligence Per Se Wrongful Death - Negligence - Negligence Per Se -Premises Liability Demand for Jury Trial (Not Subject to Mandatory Arbitration Fee Authority: ORS.160(1(d Amount in Controversy: $3,320,988.13 22 At all times material hereto: 1. 24 25 a Plaintiff Francisco Javier Perez-Sanchez was the duly appointed and acting Personal Representative of the Estate of Elena Velasquez-Pelico, his common-law spouse, pursuant to a Limited Judgment entered in the Circuit Court of the State of Oregon, county of Multnomah, Department of Probate, Case No. PB00026, on January 4, 20; Page 1 - COMPLAINT 2 S.W. Morrison Street
1 b 2 3 4 c 5 6 d 7 8 e 9 11 t 13 g 16 h 20 i 22 j 24 Ill Plaintiffs decedent, Elena Velasquez-Pelico, was a resident of the city of Beaverton, county of Washington, state of Oregon, and is survived by Francisco Javier Perez-Sanchez, common-law spouse; Kevin Brayan Sequec-Velasquez, son; Jessica Joanna Juarez-Velasquez, daughter; Alexander Javier Perez Velasquez, son; and Juana Pelico-Perez, mother; Plaintiffs decedent Elena Velasquez-Pelico was pregnant with plaintiffs decedent, Baby Velasquez-Pelico; Plaintiffs decedent, Baby Velasquez-Pelico, was a viable fetus, who is survived by her father, Francisco Perez-Sanchez; Plaintiff Francisco Javier Perez-Sanchez was the duly appointed and acting Personal Representative of the Estate of Baby Velasquez-Pelico, his daughter, pursuant to a Limited Judgment entered in the Circuit Court of the State of Oregon, county of Multnomah, Department of Probate, Case No. PB024, on March 29, 20; Defendant Suha M. Al Naisani ("AL NAISANI", was a resident of the city of Beaverton, county of Washington, state of Oregon; Defendant Salsa Market, Inc. was a duly organized Oregon corporation, with a principal place of business in the state of Oregon, engaged in the business of operating a specialty grocery market known as Salsa Market, located at 4265 S.W. Cedar Hills Boulevard, in the city of Beaverton, county of Washington, state of Oregon, and was not in good standing with the Oregon Secretary of State; Defendant Tienda Tierra Caliente, Inc. dba Salsa Market ("TIENDA" was a duly organized Oregon corporation, with a principal place of business in the state of Oregon, engaged in the business of operating a specialty grocery market known as Salsa Market, located at 4265 S.W. Cedar Hills Boulevard in the city of Beaverton, county of Washington, state of Oregon, and had been administratively dissolved by the Oregon Secretary of State; Defendants Alicia Estrada and Uriel Estrada, husband and wife, (hereinafter referred to collectively as the "ESTRADA" defendants were residents of the city of Beaverton, county of Washington, state of Oregon; Defendants Alicia Estrada and Uriel Estrada, were the owners of real property that consisted of a commercial shopping mall located at 4265 S.W. Cedar Hills Boulevard in the city of Beaverton, county of Washington, state of Oregon; 25 Ill Page 2 - COMPLAINT 2 S.W. Morrison Street
1 2 3 4 5 6 7 8 9 11 13 16 2. On or about November 8, 2016, in the afternoon, Plaintiffs decedent, Elena Velasquez Pelico was a business invitee who was shopping during general business hours in the Salsa Market store, owned and operated by defendants Salsa Market, Inc. and Tienda, and each of them, located at 4265 S.W. Cedar Hills Boulevard, city of Beaverton, county of Washington, state of Oregon, in the commercial shopping mall owned by the Estrada defendants. At that time, defendant Al Naisani, who was operating a 2002 Hyundai Santa Fe SUV, began reversing out of a parking space in front of the entrance to the Salsa Market. After reversing out of the parking spot, defendant Naisani believed she had put her vehicle in drive and pressed on the accelerator pedal, but was actually still in reverse. Defendant Al Naisani accelerated in reverse towards the Salsa Market and drove directly into the business establishment, shattering the glass window and thus striking and running over plaintiffs decedent, Elena Velasquez-Pelico, causing her death and the death of her unborn daughter, plaintiffs decedent Baby Velasquez-Pelico, as hereinafter alleged. 3. The negligence of defendant Al Naisani was a substantial factor in causing the collision in one or more of the following particulars: a In failing to keep a proper lookout; b In failing to keep and maintain proper control over her vehicle; and 20 c In driving carelessly. 4. 22 Defendant Naisani was negligent per se in operating her motor vehicle in violation of one or more of the following Oregon statutes: 24 25 26 Ill Ill a ORS 811.135, which prohibits a person from driving a motor vehicle in a manner that endangers or would likely endanger any person or property; Page 3 - COMPLAINT 2 S.W. Morrison Street
1 2 3 4 5 6 7 8 9 11 13 16 20 22 24 25 26 b ORS 811.060, which penalizes a person who recklessly operates a vehicle upon a highway in a manner that results in contact between the person's vehicle and a pedestrian and the contact causes physical injury to the pedestrian. 5. The negligence per se of defendant Al Naisani, in one or more of the particulars set forth above, was a substantial factor in causing the collision. Plaintiffs decedent, Elena Velasquez Pelico, was a member for the class of persons that ORS 811.135 and ORS 811.060 were enacted to protect. SECOND CLAIM FOR RELIEF (Against Defendants Salsa Market, Tienda Tierra Caliente, Inc., dba Salsa Market; and Alicia And Uriel Estrada (Negligence -- Premises Liability 6. Plaintiffs incorporate herein by reference paragraphs 1 and 2 of the First Claim for Relief, as if set forth in full herein. The condition of the Salsa Market, which was owned, leased, licensed, operated, maintained, inspected, repaired, and/or controlled, by defendant Salsa Market, Inc., defendant 7. Tienda, and the Estrada defendants, was unreasonably dangerous and posed an unreasonable risk of harm to persons seated at the "cafe table," walking in front, entering, and/or shopping in the store, or in close proximity to the store. 8. As the owners and operators of a parking lot open to the general public, defendant Salsa Market, Inc., defendant Tienda, and the Estrada defendants, had a duty to exercise due care in the ownership, operation, repair, inspection, and maintenance of the area in front of the Salsa Market, to ensure that persons seated at the "cafe table", walking in front of, entering, and/or shopping in the store, were not subject to unreasonable and foreseeable risks of harm. Page 4 - COMPLAINT 2 S.W. Morrison Street
1 9. 2 Defendant Salsa Market, Inc., defendant Tienda, and the Estrada defendants, knew, or in 3 the exercise of reasonable care, should have known, that the condition of the area in front of the 4 Salsa Market was unreasonably dangerous, and posed a foreseeable risk of harm to persons using 5 the store, because there were no warnings, caution sings, and/or other indications posted, marked 6 or made known to users of, and bystanders to the Store Front Parking Area, regarding the lack of 7 any adequate and necessary protective devices and barriers, including, but not limited to, 8 bollards, posts, curbs, parking lot wheel stops, fencing, rails guard walls, and/or other protective 9 barriers.. 11 As the owners and operators of the Salsa Market and the area directly in front of it, defendant Salsa Market, Inc., defendant Tienda, and the Estrada defendants, owed a duty of care 13 to persons seated at the "cafe table", walking in front, entering, and shopping in the store, to take reasonable steps to eliminated the unreasonable and foreseeable risk of harm posed to those persons and to plaintiffs in particular. 16 11. As the owners and operators of the Salsa Market and the area directly in front of it, defendant Salsa Market, Inc., defendant Tienda, and the Estrada defendants, owed a duty of care to persons using the Salsa Market and the adjacent surrounding area to take reasonable steps to 20 warn or guard against the unreasonable risk of harm posed to persons walking in front, entering, and shopping in the store. 22. Defendant Salsa Market 0 Inc., defendant Tienda, and the Estrada defendants, negligently 24 failed to take reasonable steps to eliminate the unreasonable and foreseeable risk of harm posed 25 to persons seated at the "cafe table", entering, and/or shopping in the store, as set forth above. Page 5 - COMPLAINT 2 S.W. Morrison Street Portland, OR 97204
1 13. 2 Defendant Salsa Market, Inc., defendant Tienda, and the Estrada defendants, negligently 3 failed to take reasonable steps to warn or guard against the unreasonable and foreseeable risk of 4 harm posed to persons seated at the "cafe table", walking in front of, entering, and shopping in 5 the store, at a time when they knew or in the exercise of reasonable care, should have known, of 6 the unreasonably dangerous condition of the premises. 7. 8 The negligence and/or fault of the defendants, and each of them, as described herein, was 9 a substantial factor in causing the traumatic injuries to, and death of, plaintiffs decedent, Elena Velasquez-Pelico. 11. The negligence and/or fault of the defendants, and each of them, was a substantial factor 13 in causing the beneficiaries of the Estate of Elena Velasquez-Pelico to suffer the loss of society and companionship of the decedent, entitling the estate to an award of noneconomic damages in the sum of $2,500,000.00. 16 16. The negligence of the defendants, and each of them, was a substantial factor in causing plaintiffs decedent, Elena Velasquez-Pelico, to experience pain and suffering between the time of her injury and the time of her death, thereby entitling the estate to an award of noneconomic 20 damages in the sum of $0,000.00.. 22 The negligence and/or fault of the defendants, and each of them, was a substantial factor in causing the Estate of Elena Velasquez-Pelico, to incur reasonable and necessary medical 24 expenses on her behalf, between the times of her injury and death, in the sum of $33,453.13. 25 Ill Page 6 - COMPLAINT 2 S.W. Morrison Street
1. 2 The negligence and/or fault of the defendants, and each of them, was a substantial factor 3 in causing the Estate of Elena Velasquez-Pelico to incur a pecuniary loss on behalf of plaintiff's 4 decedent, Elena Velasquez-Pelico, in the approximate sum of $30,000.00 for her loss of earnings 5 and/or loss of earning capacity to date, and the approximate sum of $0,000.00 as the present 6 value for loss of earnings and/or loss of earning capacity in the future. 7. 8 The negligence and/or fault of defendants, and each of them, was a substantial factor in 9 causing the Estate of Elena Velasquez-Pelico to incur the sum of $7,530.00 for reasonable burial and funeral expenses. 11 20. The negligence and/or fault of the TIENDA and ESTRADA defendants, and each of 13 them, caused the beneficiaries of the Estate of Baby V elasquez-pelico to suffer the loss of society and companionship of the decedent, entitling the estate to an award of noneconomic damages in the sum of$500,000.00. 16. The Estates of Elena Velasquez-Pelico and Baby Velasquez-Pelico are entitled to interest at 9% per annum for economically verifiable losses from the date of loss to the date of entry of judgment. 20 22. Plaintiffs reserve the right to amend this Complaint at the time of trial to more completely 22 allege the estates' economic losses and/or to conform to proof offered at trial. 24 Plaintiffs hereby demand a jury trial. 25 Ill Ill Page 7 - COMPLAINT 2 S.W. Morrison Street
1 WHEREFORE Plaintiff Francisco Javier Perez-Sanchez, Personal Representative of the 2 Estate of Elena Velasquez-Pelico, deceased, prays for judgment against defendants, and each of 3 them, in the sum of $2,820,988.13; Plaintiff Francisco Javier Perez-Sanchez, Personal 4 Representative of the Estate of Baby Velasquez-Pelico, prays for a judgment against the 5 TIENDA and ESTRADA defendants, in the sum of $500,000.00; and both estates pray for their 6 costs and disbursements incurred herein, and such other relief as the court deems just and 7 equitable. 8 9 DATED this 13 th day of February, 20. 11 13 R. Brendan D SB #932588 PICKETT D~i ~-U~~AN MCCALL LLP of Attorneys for Plaintiffs 16 20 22 24 25 26 Page 8 - COMPLAINT 2 S.W. Morrison Street Portland, OR 97204