DARRELL L. COCHRAN (darrell@pcvalaw.com) KEVIN M. HASTINGS (kevin@pcvalaw.com) Pfau Cochran Vertetis Amala PLLC Pacific Ave., Ste. 00 Tacoma, WA 0 Tel: () -0 FILED MAY PM : KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: --- SEA 0 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY JEFFREY K. MARKOFF and ALICIA MARKOFF, individually and as a married couple, vs. Plaintiffs, PUGET SOUND ENERGY, INC., a Washington corporation; PILCHUCK CONTRACTORS, INC., a Washington corporation; MICHELS CORPORATION, a Wisconsin corporation, Defendants No. AND INJUNCTIVE RELIEF Demand for Jury Trial 0 Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
0 0 COME NOW Plaintiffs, by and through their attorneys Darrell L. Cochran and Kevin M. Hastings, and the law firm of Pfau Cochran Vertetis Amala PLLC, to bring a cause of action against Defendants, and allege the following: I. INTRODUCTION. It has been over a year since a gas service line in the Greenwood neighborhood of Seattle exploded like a bomb, destroyed buildings, and nearly took the lives of nine Seattle firemen. This complaint seeks redress not only for a distinguished Seattle firefighter, Jeffrey K. Markoff, who has served the community for decades, but also the public safety in general. Defendant Puget Sound Energy s egregious neglect, recklessness, and the disregard for public safety resulted in up to safety violations and potentially $. million in fines. As part of a recent settlement agreement, Puget Sound Energy agreed to pay either $. million or $. million if it does not complete a comprehensive inspection and remediation program for thousands of retired service lines across the State. Over a year has already elapsed, and it is unclear what steps, if any, Puget Sound Energy has taken to ensure the safety of the public by inspecting and remediating abandoned service lines.. Plaintiffs Jeffrey and Alicia Markoff bring this complaint to recover for their personal injuries and suffering since the blast nearly took Jeffrey s life, and to ensure that the public is safe by seeking an injunction to force Puget Sound Energy to perform the comprehensive inspection of its gas pipes, especially abandoned pipes, and engage in immediate remediation to protect the public from a grave harm that results from reckless irresponsibility of a gas company. Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
II. PARTIES 0 0. Plaintiff Jeffrey Markoff. Plaintiff Jeffrey K. Markoff and his wife, Alicia Markoff, at all relevant times has resided in Olympia, Thurston County, Washington. Jeffrey Markoff works as a firefighter with the Seattle Fire Department in King County, Washington.. Plaintiff Alicia Markoff. Plaintiff Alicia Markoff at all relevant times has resided in Olympia, Thurston County, Washington and was married to Jeffrey Markoff.. Defendant Puget Sound Energy. Defendant Puget Sound Energy ( PSE ) is a company incorporated in the State of Washington and conducts utility business throughout the State. PSE resides in King County within the meaning of RCW..0 as it transacts business, has an office for the transaction of business, transacted business at the time these allegations arose, and/or has a person(s) upon whom process may be served in King County.. Defendant Pilchuck Contractors. Defendant Pilchuck is a company that was incorporated in the State of Washington and conducted pipeline maintenance and other general contracting business throughout the State on behalf of PSE and others. At all relevant times Pilchuck resided in King County within the meaning of RCW..0 as it transacted business, had an office for the transaction of business, transacted business at the time these allegations arose, and/or has a person(s) upon whom process may be served in King County.. Defendant Michels. Defendant Michels is a company incorporated in the State of Wisconsin and bought Pilchuck Contractors in or around to conduct business in Washington State. Michels resides in King County within the meaning of RCW..0 as it transacts business, has an office for the transaction of business, transacted business at the time these allegations arose, and/or has a person(s) upon whom process may be served in King County. Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
III. JURISDICTION AND VENUE 0 0. Jurisdiction. Under article IV, section of the Washington State Constitution, the Superior Court, King County, has universal original subject matter jurisdiction over this lawsuit.. Venue. Venue lies within King County, Washington, under RCW..0 because Defendants at all relevant times transacts business, has an office for the transaction of business, transacted business at the time these allegations arose, and/or has a person(s) upon whom process may be served in King County. In addition, the events giving rise to the action, including but not limited to the leaking pipeline and explosion, occurred in King County. IV. FACTS 0. Facts; Gas pipeline exploded in Seattle s Greenwood neighborhood. On March, 0, at :0 a.m., the Seattle Fire Department ( SFD ) responded to a report of a natural gas leak on the 00 block of Greenwood Avenue North. The leak was emanating from a narrow space between the (Mr. Gyros) and (Neptune Coffee) buildings. There, SPD firefighters determined that gas was escaping from a threaded coupling from a steel service line attached to the Mr. Gyros building. At : a.m., the gas ignited and caused a massive explosion, nearly killing nine SPD firefighters near the epicenter of the blast, causing extensive property damage and injuring a number of people, including Plaintiff Jeffrey Markoff and fellow SPD firefighters and first responders. Witnesses said the explosion felt like a bomb went off. Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
0 0. Facts; the Washington State Utilities and Transportation Commission investigate and issue a report. On September 0, 0, the Washington State Utilities and Transportation Commission ( UTC ) released a report finding that the immediate structural Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
0 cause of the natural gas leak and explosion was external damage to a threaded coupling in the above-ground portion of the service line attached to the north-facing wall of the Mr. Gyros structure. The external damage was likely caused by individuals using the narrow space between the Mr. Gyros and Neptune Coffee buildings to store personal property. The damage caused to the threaded coupling allowed natural gas to escape and to migrate into or under the Mr. Gyros structure, where it subsequently ignited.. Facts; the UTC found the leak was caused by Defendant PSE. In its report, the Washington UTC found that the leak and explosion would not have occurred but for Defendant PSE s improper abandonment of the service line in September 00. The service line had not been cut and capped, even though Defendant PSE s contractor, Defendant Pilchuck Contractors documented on September, 00, that such work had been completed. Due to Defendants deception, grossly negligent work, and abandonment, the service line remained active until after the explosion.. Facts; the UTC recommended severe penalties for PSE s safety violations. The UTC found that PSE violated the following pipeline safety regulations, which PSE characterized as disappointing and excessive : 0 Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
0 0. Facts; Defendant Pilchuck had a history of falsifying documents. In 00, the UTC conducted an investigation and found that Defendant Pilchuck falsified dozens of gasleak records. The focus of the investigation was Pilchuck employee inspections of phantom leaks reports of natural gas smell but no leak is found. The UTC s investigation found that Pilchuck was signing the phantom leak reports with names of inspectors who did not write them. The investigation also revealed that Pilchuck falsified inspection dates and failing to maintain permanent records of each leak investigation. Defendant PSE admitted that the reports were intentionally falsified and agreed to pay $. million as part of a settlement agreement of the 00 UTC investigation.. Facts; Defendant PSE paid $. million penalty in fines. In March 0, Defendant PSE paid UTC $. million to settle the penalties for safety violations regarding the Greenwood explosion. PSE could have faced up to $. million in penalties for violations of pipeline-safety regulations.. Facts; Defendants activities are regulated under the Public Utility Statutes. As public service corporations and common carriers within the meaning of the Public Utility and Transportation statutes regarding the ownership and operation of the natural gas service line in question, Defendants activities are regulated under the Public Utility Statutes, RCW 0.0 et seq.. Facts; Details of Plaintiff s Injuries. Plaintiff Jeffrey Markoff, an SPD firefighter, responded to a call concerning the gas leak. When the gas exploded, Plaintiff was within 0 feet of the epicenter and suffered serious injuries including loss of consciousness, that required hospitalization. While he was released with minor orthopedic injuries, Plaintiff has experienced on-going cognitive difficulties, severe headaches, hearing loss, disturbances such Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
as recurring images after the explosion, memory loss, anxiety over the potential for having been killed or dismembered, and related health concerns. Below is a photograph of Plaintiff Jeffrey Markoff shortly after the blast: 0 0. Damages. As a proximate result of Defendants conduct alleged herein, Plaintiff Jeffrey Markoff suffered personal injuries, as well as mental anguish and emotional distress, and claims all damages, general and specific, as well as compensatory and exemplary, that are available under the law.. Loss of Consortium. As a proximate result of Defendants conduct alleged herein, Plaintiff Alicia Markoff suffered emotional distress due to the loss of love and companionship with her husband. 0. Punitive Damages. Defendants acted with intentional and reckless disregard of Plaintiffs safety, and Plaintiffs request punitive damages under any applicable law, including those available under the State of Wisconsin law. Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
0 0 V. CAUSES OF ACTION COUNT I COMMON CARRIER, STRICT AND PUBLIC SERVICE LIABILITY AS TO ALL DEFENDANTS (RCW 0.0 et seq.). Common Carrier, Strict and Public Service Statutory Liability. Based on the paragraphs set forth and alleged above, Defendants are strictly liable due to the abnormal danger of utility service operations, as well as generally liable to all persons affected by their actions, for all loss, damage, or injury caused thereby or resulting therefrom within the meaning of RCW 0.0.0, as well as liable for all penalties owed to Plaintiffs for every violation of any rules promulgated by the Commission within the meaning of RCW 0.0.0 and., and further here, due to the willfulness of Defendants actions, Plaintiffs are entitled to attorney s fees to be taxed and collected as part of the costs in the case within the meaning of RCW 0.0.0. COUNT II COMMON LAW NEGLIGENCE, WILLFULNESS, AND STRICT LIABILITY AS TO ALL DEFENDANTS (Washington Common Law). Statutory Liability. Based on the paragraphs set forth and alleged above, Defendants conduct constituted all forms of common law negligence for their failure to exercise reasonable and ordinary care, and their conduct was also willful, wanton, and done in reckless disregard or grossly negligent regard for the safety of the public, individuals, property, and private neighborhoods, and further, Defendants conduct and public utility service operations also involved abnormally dangerous activities, entitling Plaintiffs to strict liability for all injury and damages. Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
0 0 COUNT III OUTRAGE (Washington Common Law) 0. Outrage. Based on the paragraphs set forth and alleged above, Defendants conduct and public utility service operations negligently, recklessly, and/or willfully or intentionally inflicted emotional distress upon Plaintiffs. COUNT IV INFLICTION OF EMOTIONAL DISTRESS (Washington Common Law). Infliction of Emotional Distress. Based on the paragraphs set forth and alleged above, the Defendants conduct constituted all forms of common law negligence, or alternatively gross negligence, including negligent training, retention, and supervision of Defendant Pilchuck, and Defendants are liable for damages proximately caused by their tortious acts and omissions as provided in more detail above. COUNT V LOSS OF CONSORTIUM (Washington Common Law). Loss of Consortium. Based on the paragraphs set forth and alleged above, Plaintiff Alicia Markoff suffered a loss of consortium, including loss of love, affection, care, services, companionship, and society and consortium of her husband Jeffrey Markoff. COUNT VI PUNITIVE DAMAGES (Wisconsin Law). Punitive Damages. Based on the paragraphs set forth and alleged above, Defendants egregious conduct warrants punitive damages, and Plaintiffs request punitive damages under any applicable law, including those available under the State of Wisconsin law. Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
0 0 COUNT VII INJUNCTIVE RELIEF (RCW.0 et seq.). Injunctive relief. Based on the paragraphs set forth and alleged above, Defendant PSE should be enjoined under RCW.0 et seq. and Washington law and be required to perform a comprehensive inspection of its Washington State gas pipes, especially abandoned pipes, and engage in immediate remediation to protect the public from a grave foreseeable harm. VI. RESERVATION OF RIGHTS. Reservation of Rights. Based on the paragraphs set forth and alleged above, Defendant PSE should be enjoined and required to perform the comprehensive inspection of its gas pipes, especially abandoned pipes, and engage in immediate remediation to protect the public from a grave harm that results from reckless irresponsibility of a gas company. VII. JURY DEMAND. Jury Demand. Plaintiffs demand that this action be tried before a jury. VIII. PRAYER FOR RELIEF. Relief. Plaintiffs respectfully requests the following relief: A. That the Court award Plaintiffs appropriate relief, to include all special and general damages established at trial; B. That the Court award Plaintiffs all damages, including compensatory and exemplary damages as the jury feels just; C. That the Court award all damages, fines, or penalties available under RCW 0.0 et seq. and all other statutes that may apply; Page 0 of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0
0 0 D. That the Court impose punitive damages under any provision of law under which punitive damages may be imposed, including but not limited to the State of Wisconsin s punitive damages law; E. That the Court award costs, reasonable attorneys fees, and statutory interest under any applicable law or ground in equity, including RCW 0.0 et seq., and all other applicable bases for an award of attorneys fees and litigation costs; F. That the Court award pre-judgment interest on items of special damages; G. An order enjoining Defendant PSE to perform the comprehensive inspection of its gas pipes, especially abandoned pipes, and engage in immediate remediation to protect the public from a grave harm that results from reckless irresponsibility of a gas company; H. That the Court award post-judgment interest; I. That the Court award Plaintiffs such other, favorable relief as may be available and appropriate under law or at equity; and J. That the Court enter such other and further relief as the Court may deem just and proper. RESPECTUFLLY SUBMITTED this th day of May, 0. By: /s/ Darrell L. Cochran Plaintiffs Attorney By: /s/ Kevin M. Hastings Plaintiffs Attorney DARRELL L. COCHRAN, WSBA # KEVIN M. HASTINGS, WSBA # Pfau Cochran Vertetis Amala PLLC Pacific Ave., Ste. 00 Tacoma, WA 0 Tel: () -0 Page of Pacific Avenue, Suite 00 Tacoma, WA 0 Phone: () -0 Facsimile: () -0