ED 

1 

Roll 5 PM Lo 0 i 

2 COURT 

NOHtsiA COUNI t 

3 1:oR ttULI 

4 IN THE CIRCUIT COURT FOR THE STATE OF OREGON 

14CV16841 

5 FOR THE COUNTY OF MULTNOMAH 

6 JEFFREY D. LANHAM, an individual, ) Case No. 

) 

7 Plaintiff, ) COMPLAINT FOR DAMAGES (PREMISES 

) LIABILITY; NEGLIGENCE) 

8 v. ) 

9 PILOT TRAVEL CENTERS, LLC, a 

Delaware limited liability company, and 

DOES 1 through 5, inclusive, 

) Prayer amount: Not to exceed $1,000,000 

) Not Subject to Mandatory Arbitration 

) Jury Trial Requested 

) 

10 ) 

11 Defendants. ) 

12 ) 

13 Plaintiff alleges: 

14 I. FACTS COMMON TO ALL CLAIMS 

15 1. 

16 At all material times, Plaintiff was an individual residing in Multnomah County. 

17 2. 

18 Defendant Pilot Travel Centers, LLC, is a Delaware limited liability company, 

19 ("Pilot") authorized to do business in Oregon with a registered agent in Salem, Oregon, and 

20 doing regular and sustained business in Multnomah County. 

21 3. 

22 Plaintiff does not know the true names of defendants DOES 1 through 5, inclusive, 

23 and therefore sues them by those fictitious names. 

24 4. 

25 At all relevant times, Defendants owned, operated, leased, maintained and/or had a 

Page 1 — COMPLAINT DJC Law, LLC 

342 SE Caruthers Street, Portland OR 97214 

Mailtng P O. Box 15069, Portland OR 97293 

Phone 971 266 4224 Fax •888 844 9808 

1 

Exhibit A, Page 1 of 6 

Case 3:14-cv-01923-HZ Document 1-1 Filed 12/02/14 Page 1 of 6
1 duty to operate, manage and/or maintain both individually and by and or through its agents, 

servants and/or employees the premises commonly known as Pilot Travel Centers, LLC 

located in Mt. Home, Idaho. 

2 

3 

4 5. 

5 Defendants invited the general public, including Plaintiff, to park on the premises 

6 and to use the premises for obtaining fuel, supplies and other amenities. 

7 6. 

8 On November 8, 2012 at approximately 7:30 a.m., Plaintiff was lawfully on the 

9 premises, parked on Defendants' premises in the striped area designated for ovenright 

10 parking at the west end of the parking lot for the purpose of using its facilities. 

11 7. 

12 Plaintiff was doing a pre-truck inspection when he tripped over a chunk of concrete 

13 and/or other debris and fell, causing him to sustain serious injuries and damages as below 

14 described. 

15 II. FIRST CLAIM FOR RELIEF 

16 (Premises Liability) 

17 8. 

18 Plaintiff realleges and incorporates by reference the above allegations of paragraphs 

19 1 through 7. 

20 9. 

21 Defendants had a duty to: 

22 a. exercise ordinary care to avoid exposing persons on the premises to an 

23 unreasonable risk of harm; 

24 b. remedy any dangerous or defective condition known to Defendants, or which, in 

25 the exercise of ordinary care, should have been discovered; 

Page 2 — COMPLAINT DJC Law, LLC 

342 SE Caruthers Street, Portland OR 97214 

Maihng P 0 Box 15069, Portland OR 97293 

Phone 971 266 4224 Fax 888 844 9808 

1 

Exhibit A, Page 2 of 6 

Case 3:14-cv-01923-HZ Document 1-1 Filed 12/02/14 Page 2 of 6
1 c. warn of any dangerous or defective condition known to Defendants, or which, in 

2 the exercise of ordinary care, should have been discovered; 

3 d. exercise ordinary care under all the circumstances towards invitees who come 

4 on the premises in all portions of the premises to which an invitee may reasonably be 

5 expected to go; 

6 e. exercise ordinary care in the inspection of the premises for the purpose of 

7 discovering dangerous conditions; and 

8 f. maintain their facilities in a safe condition. 

9 10. 

10 In breach of their duties, as above set forth in paragraph 9, Defendants: 

11 a. Failed to maintain operate, manage and control the premises including, but not 

12 limited to, the parking lot, truck inspection area and/or surrounding area where Plaintiff fell, 

13 in a reasonably safe condition; 

14 b. Failed to remove concrete chunks and/or other debris in an area where Plaintiff 

15 would be expected to go; 

16 c. Allowed a concrete wall on the premises near the area where Plaintiff fell to 

remain in disrepair when Defendants knew, or in the exercise of reasonable care should have 

known, the disrepair created an unreasonable risk of harm to Plaintiff and others lawfully on 

17 

18 

19 the premises; 

20 d. Failed to warn Plaintiff of the danger presented by the presence of the debris in 

21 the parking lot, trucking inspection area and/or surrounding area where Plaintiff fell; 

22 e. Failed to make a reasonable inspection of its premises when it knew or in the 

23 exercise of ordinary should have known that said inspection was necessary to prevent injury 

24 to Plaintiff and others lawfully on the premises; 

25 f. Allowed the premises to remain in a dangerous condition for an unreasonable 

Page 3 — COMPLAINT DJC Law, LLC 

342 SE Caruthers Street, Portlnad OR 97214 

Mailing P 0 Box 15069, Portland OR 97293 

Phone 971 266 4224 Fax 888 844 9808 

/ 

Exhibit A, Page 3 of 6 

Case 3:14-cv-01923-HZ Document 1-1 Filed 12/02/14 Page 3 of 6
1 length of time with debris remaining in the areas where Plaintiff would be expected to go 

2 and creating a tripping hazard; 

3 g. Failed to provide adequate lighting for the premises including, but not limited 

4 to the parking lot, truck inspection area and/or surrounding area where Plaintiff fell; 

5 h. Failed to repair the concrete wall in the area where Plaintiff fell; 

6 i. Created the dangerous or defective condition in the parking lot, truck 

7 inspection area and/or surrounding area where Plaintiff fell; 

8 J Failed to place barriers between where trucks would be expected to be 

9 parked and the concrete wall behind them; and 

10 k. Failed to otherwise exercise due care with respect to the condition of the 

11 premises. 

12 11. 

13 As a direct and proximate result of Defendants' violation of their duties to 

14 invitees and others lawfully on the premises and as above set forth in paragraphs 8-18, 

Plaintiff tripped and fell while on the premises and suffered severe, disabling and permanent 

injuries including, but not limited to, concussive head injury, L5-S 1 radiculopathy, 

foraminal disk injury and loss of disk height, which ultimately resulted in L5 nerve root 

impingement and required surgical intervention of a spinal fusion and a discectomy. The 

fall resulted in an aggravation and a pathological worsening of Plaintiff's preexisting, 

asymptomatic spinal condition by causing an increase in the disc protrusions and/or nerve 

root contusions, resulting in accompanying pain and sufferingall to his noneconomic 

15 

16 

17 

18 

19 

20 

21 

22 damages in an amount not to exceed $499,000.00 nad to be determined at the time of trial. 

23 12. 

24 As a direct and proximate result of Defendants' violations of their duties to 

25 invites and other lawfully on the premises and as above set forth in paragraphs 8-10, 

Page 4 — COMPLAINT DJC Law, LLC 

342 SE Caruthers Street, Portland OR 97214 

Matting P 0 Box 15069, Portland OR 97293 

Phone 971 266 4224 Fax 888 844 9808 

/ 

Exhibit A, Page 4 of 6 

Case 3:14-cv-01923-HZ Document 1-1 Filed 12/02/14 Page 4 of 6
1 Plaintiff has incurred medical expenses for surgeries, hospitalization, medical treatment and 

2 lost wages, and will continue to incur medical expenses and lost future wages, all to 

3 Plaintiff s economic damages in an amount not to exceed $499,000.00 and to be determined 

4 at the time of trial. 

5 III. SECOND CLAIM FOR RELIEF 

6 (Negligence) 

7 13. 

8 Plaintiff realleges and incorporates by reference the above allegations of paragraphs 

9 1 through 12. 

10 14. 

11 Defendants were negligent as above set forth in paragraph 10. 

12 15. 

13 As a direct and proximate result of Defendants' negligence, Plaintiff was injuries as 

14 above set forth in paragraphs 11 and 12. 

15 

16 WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 

17 1. For noneconomic damages in an amount to be determined at trial, not to 

18 exceed $499,000.00; 

19 2. For economic damages in an amount to be determined at trial, not to exceed 

20 $499,000.00; 

21 3. For Plaintiff's costs and disbursements incurred herein; and 

22 4. For any such other relief as the court shall deem just and equitable. 

23 //// 

24 //// 

25 //// 

Page 5 — COMPLAINT DJC Law, LLC 

342 SE Caruthers Street, Portland OR 97214 

Mailing •P 0 Box 15069, Portland OR 97293 

Phone 971 266 4224 Fax 888 844 9808 

/ 

Exhibit A, Page 5 of 6 

Case 3:14-cv-01923-HZ Document 1-1 Filed 12/02/14 Page 5 of 6
1 Dated thiS\- day of November, 2014. 

2 CL , 

3 

, 

;,,,) 

4 

Dayna 4T7afink No. 930121 

5 dayna@djcOf Attonreys for Plaintiff 

6 

7 

Laura Chock, OSB No. 980438 

laura@laurachock-law.com 

Of Attorneys for Plaintiff 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Page 6 – COMPLAINT DJC Law, LLC 

342 SE Caruthers Street, Portland OR 97214 

Mailing P 0 Box 15069, Portlnad OR 97293 

Phone 971 266 4224 Fax 888 844 9808 

/ 

Exhibit A, Page 6 of 6 

Case 3:14-cv-01923-HZ Document 1-1 Filed 12/02/14 Page 6 of 6