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 8                      IN THE CIRCUIT COURT FOR THE STATE OF OREGON

 9                                 FOR THE COUNTY OF CLACKAMAS

10   EDITH A. RHODES,                               )     Case No.
                                                    )
11                  Plaintiff,                      )     COMPLAINT FOR PERSONAL INJURY
                                                    )
12          vs.                                     )     NOT SUBJECT TO MANDATORY
                                                    )     ARBITRATION
13   RETAIL CORPORATION,                            )
                                                    )     JURY TRIAL REQUESTED
14                  Defendant.                      )
                                                    )
15

16          Plaintiff alleges as follows:

17                                                   1.

18          Plaintiff Edith A. Rhodes is an individual and is now, and at all times mentioned in this

19   complaint was, a resident of Clackamas County, Oregon.

20                                                   2.

21           Defendant Retail Corporation is now, and at all times mentioned in this complaint was, a

22   corporation organized and existing under the laws of the State of Oregon, with its place of

23   business in Clackamas County, Oregon.

24   //

25   //

26   //

     COMPLAINT                                                                    Cheeseman & Fields, LLP
                                                                                 111 S.W. Fifth Ave., Suite 125
                                                                                 Portland, Oregon 97204
                                                                                 Phone: 503-222-2345
 1                                                    3.

 2           At all times mentioned in this complaint, defendant Retail Corporation operated a

 3   clothing store located at 123 Main St., Oregon City, Clackamas County, Oregon.

 4                                                    4.

 5           Defendant invited the general public, including plaintiff, to enter the premises of the store

 6   and to purchase various items from defendant.

 7                                                    5.

 8           On February 1, 2011, at approximately 4:30 p.m. plaintiff was on the premises of

 9   defendants’ clothing store for the purpose of shopping and possibly to purchase clothing. Upon

10   entering the defendant’s store, plaintiff proceeded to a location in the store when plaintiff

11   suddenly and without warning slipped on a clothes hanger on the floor and fell to the floor,

12   causing plaintiff to sustain the serious injuries and damages described below.

13                                                    6.

14           Defendant store negligently:

15           (a)     Failed to maintain the floor of the store in a reasonably safe condition;

16           (b)     Allowed a clothes hanger to come into contact with and remain on the floor of the

17   store when defendant knew, or in the exercise of reasonable care should have known, that the

18   clothes hanger created an unreasonable risk of harm to customers in the store;

19           (c)     Failed to warn plaintiff of the danger presented by the presence of the clothes

20   hanger on the floor; and

21           (d)     Failed to otherwise exercise due care with respect to the matters alleged in this

22   complaint.

23                                                    7.

24           As a direct and proximate result of the negligence of defendant as set forth above,

25   plaintiff slipped and fell while in the store.

26   //

     COMPLAINT                                                                      Cheeseman & Fields, LLP
                                                                                   111 S.W. Fifth Ave., Suite 125
                                                                                   Portland, Oregon 97204
                                                                                   Phone: 503-222-2345
 1   //

 2                                                   8.

 3          As a further direct and proximate result of the negligence of defendant as set forth

 4   above, plaintiff sustained the following serious injuries and damages: cost of a hip replacement

 5   operation and other medical expenses and lost wages.

 6                                                   9.

 7          As a further direct and proximate result of the negligence of defendant as set forth

 8   above, plaintiff has experienced pain and suffering and will continue to do so in the future.

 9          WHEREFORE, plaintiff demands judgment against defendant for the following:

10          1. Economic damages in an amount to be proven at trial;

11          2. Non-economic damages in an amount to be proven at trial;

12          3. Costs of this action; and

13          4. Any other and further relief that the court considers proper.

14          DATED this ____ day of February, 2011.

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16                                                        __________________________
                                                          Percival R. Cheeseman, OSB #100323
17                                                        Trial Attorney for the Plaintiff
                                                          Email: cheeseman@cheesefields.com
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     COMPLAINT                                                                    Cheeseman & Fields, LLP
                                                                                 111 S.W. Fifth Ave., Suite 125
                                                                                 Portland, Oregon 97204
                                                                                 Phone: 503-222-2345

				
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