William Ball, OSB No. 011558

E-mail: ball.will@gmail.com

Attorney William Ball, LLC

420 SW Washington Street, Suite 400

Portland Oregon 97204

Telephone: (503) 477-8194

Facsimile: (877) 479-0429

Of Attorneys for Plaintiff, Timothy Meacham

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DISTRICT

TIMOTHY MEACHAM,,

Plaintiff

V.

SPIRIT AIRLINES INC.; KERRIE

CONRAD, and; AIRPORT TERMINAL 

SERVICES, INC., a Missouri Corporation.

Defendants.

Case No. 3:15-cv-00338-SI

FIRST AMENDED COMPLAINT

(Negligence, Battery)

JURY TRIAL REQUESTED

Amount Prayed For: $973,415

Plaintiff, Timothy Meacham, by and through his attorney, William Ball, alleges as 

follows:

I. PARTIES

1. Timothy Meacham, “Plaintiff” or “Meacham” herein, is an individual who is 

currently residing in Grants Pass Oregon.

2. Spirit Airlines, (“Spirit”) herein, is a Florida corporation doing business as a 

commercial passenger airline at Portland International Airport in Oregon.

Page 1 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 1 of 18
3. Defendant, Kerrie Conrad (“Conrad”), currently resides in Vancouver 

Washington.

4. Defendant, Airport Terminal Services, Inc. (“ATS”) is a Missouri corporation, with 

its principal placed of business located at 111 Westport Plaza Drive, Suite. 400, 

Saint Louis Missouri 63146.

II. JURISDICTION AND VENUE

5. The Court has jurisdiction over this matter pursuant to 28 USC§§ 1332.

6. As indicated above, this action is between parties with complete diversity.

7. The amount in controversy exceeds, exclusive of interest and costs, the sum of 

$75,000. 

8. Venue in this district is proper under 28 USC§§ 1391.

III. GENERAL ALLEGATIONS

9. Based on information and belief, and at all material times hereto, ATS was a 

contractor, sub-contractor, or agent which performs various duties on behalf of 

Spirit.

10.On information and belief, Spirit expressly or impliedly agreed to assume the 

liabilities of ATS regarding injuries to passengers caused by ATS employees.

11.Conversely, on information and belief, ATS has expressly or impliedly agreed to 

indemnify Spirit for its tortuous conduct such as that alleged in this matter. 

12.At all material times Conrad was working at Portland International Airport within 

the scope of her duties as an employee of ATS.

13.Plaintiff relies on the doctrine of Respondeat superior. The conduct of ATS and 

Page 2 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 2 of 18
Conrad, as alleged herein, directly imputes liability to Spirit without regard for 

Spirit’s fault. 

14.Based on information and belief, Spirit had the right to control the physical 

details of the manner of performance of the conduct of ATS and Conrad which 

gave rise to the torts which are the basis for this action.

15.Further, Spirit and ATS had an agency relationship that resulted from the 

manifestation of consent by Spirit to ATS that ATS shall act on behalf of and 

subject to Spirit’s control, and consent by Spirit to so act.

16.In addition, Spirit had the right to control the physical details of the manner of 

performance of the conduct giving rise to the torts of ATS and Conrad as alleged 

herein.

17.The acts of ATS and/or Conrad were within the course and scope of their duties 

to Spirit because tortuous conduct occurred substantially within the time and 

space limits authorized by the Spirit.

18.The acts of ATS and/or Conrad were within the course and scope of their duties 

to Spirit because they were motivated, at least partially, by a purpose to serve 

Spirit.

19.The tortuous conduct of ATS and/or Conrad were within the course and scope of 

their duties to Spirit because they were acts Spirit engaged them to perform.

20.The harm caused to Meacham by the tortuous conduct of ATS and/ or 

Conrad resulted from activity from which Spirit received benefit.

Page 3 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 3 of 18
21.The events giving rise to this action occurred on or about January 30, 2013, in 

Multnomah County at the Portland International Airport.

22.On or about January 30, 2013, Meacham followed through with plans to take a 

short term vacation to Las Vegas with three others, Allison McDonouth 

(“Allison”), Sarah Torneby (“Sarah”), and Megan Torneby (“Megan”) for Megan’s 

25th birthday.

23.Meacham purchased his airline ticket on Spirit from Portland to Las Vegas off of 

the website Expedia.com.

24.Previously, in March 2010, Meacham had been seriously injured in an automobile 

accident when another car t-boned the car he was driving. Meacham suffered 

from a fracture of his L4-L5 vertebrae. Almost three years later, in January 2013, 

Meacham was feeling significant improvements with his back and was beginning 

to experience greater freedom with his ability to move about. He was excited 

about traveling on an airplane to Las Vegas because he was feeling better and 

had not had as many opportunities to travel. However, on the day in question, 

he was using a cane to walk, stand and to support much of his body weight in 

compensation for his broken back.

25.Meacham met Allison, Sarah, and Megan at the Portland airport. They all 

proceeded to Spirit Airlines Gate D-2, and eventually boarded the airplane and 

took their seats.

26.At all material times hereto, Gate D-2 was managed and controlled by Spirit

and/or ATS.

Page 4 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 4 of 18
27.Soon after boarding the Spirit plane and being seated, an ATS supervisor,

Conrad, came aboard the plane and ordered Allison, Sarah, Megan and Meacham 

to exit the plane. Conrad escorted the 4 individuals off of the plane.

28.Meacham and his companions exited the Spirit Airline plane at Gate D-2.

29.As Meacham was walking with his cane up the ramp on the jet way, Conrad 

pushed Meacham down. Without warning she shoved Meacham in the back. 

Conrad’s push caused Meacham to fall forward, lose his balance and fall. He fell 

into the wall of the jet way and then fell to the ground. When Conrad pushed 

Meacham down and caused him to fall, he was also helpless to naturally prevent 

his fall due to his disability. As a result, Meacham fell to the ground unnaturally 

causing him to injure, aggravate and otherwise exacerbate the injury to his back. 

He immediately began to suffer excruciating pain in his back to the extent he 

could be moved.

30.Meacham lay on the ground in a supine position until paramedics arrived. He had 

difficulty talking with the attending paramedics for several minutes due to the 

overwhelming pain. 

31.In the AMR ambulance on the way to Providence hospital, Meacham rated his 

pain at the highest levels. Paramedics repeatedly administered strong pain 

medication to Meacham in order to alleviate the pain.

32.Meacham was treated at Providence Hospital. He was released with prescriptions 

for pain medication for his neck, shoulders and back. 

Page 5 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 5 of 18
33.On February 03, 2013, Meacham was still bed bound. While lying in bed in his 

home still in pain from the fall he was feeling drowsy and confused from the pain 

medication. The curtain over the window next to his bed caught on fire from a 

nearby candle. Feeling sleepy, drowsy, confused and having impaired judgment 

resulting from the pain medication, Meacham attempted to put out the blazing 

curtains with his bare hands. He sustained severe burns to his right hand and 

first and second degree burns to his left hand. His right hand index finger was 

the worst, as it was completely blanched white with waxy texture. He had almost 

no sensation of the index finger and only slight sensation of his thumb and 

middle fingers. 

34.Meacham suffered exceptional pain from the burns. He was immediately taken to 

the Legacy Hospital Emergency Room for treatment for the burns.

35.Meacham suffered severe pain to his hands for the next few months in 

recovering from the burns. He has permanent scaring on his right hand from the 

curtain fire in his bedroom. He was also bed bound while recovering from his 

burns due to his back injury.

36.Meacham’s back pain has continued from when he was pushed to date. It will 

continue indefinitely. Every day since Conrad pushed him, Meacham’s life has 

been diminished. Meacham suffers constant back pain from the fall. He has had 

trouble using his left hand since he was pushed down. He has trouble sleeping, 

moving about, and engaging in everyday daily living activities. He uses a special 

bed. He requires the assistance of others to prepare his meals, clean, prepare his 

Page 6 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 6 of 18
laundry and organize his things. He still requires the use of a cane most of the 

time. 

IV. LIABILITY

FIRST CLAIM FOR RELIEF –Negligence

Count I –Premises and Invitee Liability as to Defendants Spirit and ATS

37.Plaintiff reasserts and re-alleges each and every allegation contained in the 

preceding paragraphs of this complaint, and incorporates them herein by 

reference as though set forth herein at length.

38.Meacham, a customer of Spirit, was a business invitee of Spirit and/or ATS. 

The invitation to Meacham to purchase a ticket to fly on Spirit from Portland to 

Las Vegas was expressly and/or impliedly given to Meacham by an agent of 

Spirit. Meacham’s presence on Spirit and/or ATS’s property was in the 

economic interest of the defendants Spirit and/or ATS.

39.At all material times hereto, Spirit and/or ATS owed Meacham a duty to exercise 

reasonable care in protecting Meacham from unreasonable risks of harm while 

on the defendants’ premises, including the acts of defendants’ employees, and 

agents. Spirit and/or ATS failed to make their premises reasonably safe for 

Meacham. Spirit and/or ATS breached their duty to Meacham to act as a 

reasonable careful person would act under similar circumstances when Conrad 

pushed him and forced him to fall to the ground while he was disabled and using 

a cane.

40.Spirit and/or ATS knew or should have known at the time of Meacham’s injuries 

Page 7 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 7 of 18
that pushing him down, putting hands on him and pushing him could cause 

injury to Meacham. Agents of Spirit and/or ATS did not use reasonable care 

because Meacham was safe when he began walking up the jet way at gate D-6 

and defendants’ agent elevated the risk of harm to Meacham by pushing him, 

putting her hands on him, and causing him to fall while disabled and using a 

cane.

41.Spirit and/or ATS breached their duty to Meacham when their agent became 

emotionally out of control thereby creating an unreasonable risk of harm to 

Meacham under the circumstances. Defendants also breached their duty to 

exercise reasonable care by eliminating the condition creating the risk of harm, 

i.e., remaining calm, not becoming physical with Meacham, and allowing him to 

walk up the jet way on his own accord and without physical force.

42.Spirit and/or ATS breached their duty to Meacham to warn him of the risk of 

harm, i.e., that an employee could become emotionally out of control and was 

going to get physical with him while he was relying on the use of a walking aid.

43.Spirit and/or ATS failed to use reasonable care in protecting Meacham from 

injury by failing to reasonably and adequately train and supervise their

employees, agents and security personnel regarding safe procedures for 

controlling conflict without physical escalation, and assisting disabled people 

using canes.

44.Meacham had a bodily condition that predisposed him to be more subject to 

injury than a person in normal health. Spirit and ATS are liable for any and all 

Page 8 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 8 of 18
injuries and damages that have been suffered by Meacham as the result of their

own negligence, even though those injuries, due to the prior condition, may have 

been greater than those that would have been suffered by another person under 

the same circumstances.

45.The injuries which Meacham sustained as the result of the negligence of Spirit 

aggravated a preexisting injury and/or disability of his.

46.Spirit and/or ATS’s employees, or agents, in committing the aforesaid actions, 

caused Meacham to sustain serious bodily injuries as set forth above. Meacham’s 

injuries were due the Defendants’ negligence. 

47.The incident in question and Meacham’s resulting injuries were directly and 

proximately caused by the negligence of the Defendants.

48.Spirit and/or ATS’s negligence caused Meacham’s injuries and will into the 

indefinite future continue to cause him pain and suffering, discomfort, 

humiliation, disruption of life, emotional distress, emotional injury, worry, and 

interference with his normal daily living activities, all to his non-economic 

damages in the amount of $900,000.

49.As a direct result of Spirit and/or ATS’s negligence, Meacham incurred direct 

economic damages for medical, treatment and care expenses. Meacham will 

continue to incur medical and related treatment expenses up to and through the 

time of trial.

50.Meacham will continue to incur medical costs for treatment, surgery, chiropractic 

care, and massage therapy. He will also require the help of an in-home care 

Page 9 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 9 of 18
provider to help him with his daily living activities. As a direct result of 

defendants’ negligence, Meacham will incur future medical costs in the amount 

to be determined at trial for the remainder of his life.

Count II –Common Carrier Liability as to Defendant Spirit and ATS

51. Plaintiff incorporates the preceding paragraphs of this Complaint and makes 

them a part of this Cause of Action as if set forth in exact words and figures 

herein.

52.At all material times hereto, Spirit and/or ATS had the duties of a common 

carrier. As a common carrier Spirit and/or ATS owed Meacham the highest 

degree of care and skill practicable for it to exercise under the circumstances. As 

a common carrier, Spirit and/or ATS had a heightened duty to ensure Meacham’s 

safety, who was disabled, using a cane, and recognizably and exceptionally 

vulnerable to injury. 

53.Spirit and/or ATS breached their duty to Meacham when Conrad pushed him 

down, put her hands on Meacham, pushed him, and/or otherwise caused him to 

lose his balance while he was disabled and using a cane, fall into the nearby wall 

and fall to the floor in excruciating pain from injuring his broken back.

54.At the time and place of the injury, Spirit and/or ATS was in breach of their 

duties in one or more of the following particulars:

(a) Pushing the plaintiff down;

(b) Pushing Plaintiff in the back;

Page 10 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 10 of 18
(c) Conrad putting her hands on Meacham, applying enough pressure to cause 

him to fall;

(d)In Spirit and/or ATS failing to provide a safe environment for deplaning, and;

(e) In Spirit and/or ATS failing to instruct their employees in a safe and proper 

method for removing disabled passengers from the plane and into the 

boarding area.

55.Meacham had a bodily condition that predisposed him to be more subject to 

injury than a person in normal health. Spirit and/or ATS are liable for any and all 

injuries and damage that have been suffered by Meacham as the result of their

own negligence, even though those injuries, due to the prior condition, may have 

been greater than those that would have been suffered by another person under 

the same circumstances.

56.The injuries which Meacham sustained as the result of the negligence of Spirit 

and/or ATS aggravated a preexisting injury and/or disability of his.

57.Spirit and/or ATS’s employees, or agents, in committing the aforesaid actions, 

caused Meacham to sustain serious bodily injuries as set forth above. Meacham’s 

injuries were due the Defendants’ negligence. 

58.The incident in question and Meacham’s resulting injuries were directly and 

proximately caused by the negligence of the Defendants.

59.Spirit and/or ATS’s negligence caused Meacham’s injuries and will into the 

indefinite future continue to cause him pain and suffering, discomfort, 

humiliation, disruption of life, emotional distress, emotional injury, worry, and 

Page 11 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 11 of 18
interference with his normal daily living activities, all to his non-economic 

damages in the amount of $900,000.

60.As a direct result of Spirit and/or ATS’s negligence, Meacham incurred direct 

economic damages for medical and care expenses. Meacham will continue to 

incur medical and related care expenses up to and through the time of trial.

61.Meacham will continue to incur medical costs for treatment, chiropractic care, 

and massage therapy. He will also continue to require the help of an in-home 

care provider to help him with his daily living activities. As a direct result of 

defendants’ negligence, Meacham will incur future medical costs in the amount 

to be determined at trial for the remainder of his life.

Count III –Negligence as to Spirit, ATS and Conrad

62.Plaintiff reasserts and re-alleges each and every allegation contained in the 

preceding paragraphs of this complaint, and incorporates them herein by 

reference as though set forth at length.

63.Spirit, its employees and agents, owed Meacham a duty of reasonable care.

64.ATS, its employees and agents, owed Meacham a duty of reasonable care.

65.Conrad owed Meacham a duty of reasonable care.

66.Spirit, ATS, and Conrad breached their duty to Meacham to act as a reasonable 

careful person would act under similar circumstances when Conrad pushed him 

down, put her hands on Meacham, pushed him, and/or otherwise caused him to 

lose his balance, fall into the nearby wall and fall to the floor in excruciating pain 

from injuring his broken back.

Page 12 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 12 of 18
67.In addition, Spirit, ATS, and Conrad failed to use reasonable care in protecting 

Meacham from injury by failing to reasonably and adequately train their

employees, agents, and security personnel in assisting vulnerable, disabled 

passengers using canes. 

68.Spirit, ATS, and Conrad failed to exercise their duty of reasonable care to 

Meacham when Conrad caused physical injury to Meacham as described above, 

and particularly in regards to the unwarranted and extreme use of physical force.

69.Meacham had a bodily condition that predisposed him to be more subject to 

injury than a person in normal health. The defendants are liable for any and all 

injuries and damage that have been suffered by Meacham as the result of their 

own negligence, even though those injuries, due to the prior condition, may have 

been greater than those that would have been suffered by another person under 

the same circumstances.

70.The injuries which Meacham sustained as the result of the negligence of the 

defendants aggravated a preexisting injury and/or disability of his.

71.It was reasonably foreseeable that by Conrad putting her hands on Meacham 

that it would cause him harm. Under the circumstances, Conrad knowing that 

Meacham was walking with the aid of a walking cane, it was unreasonable for 

her to push him down or otherwise put her hands on Meacham without first 

warning or asking him, pushing him to such a degree so as to cause him to fall 

or lose his balance.

Page 13 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 13 of 18
72.It was reasonably foreseeable that Spirit and/or ATS’s employee’s negligent 

conduct in causing Meacham to fall and injure his back that Meacham would 

experience exceptional pain and suffering, have to take pain medications, and as 

a result suffer additional injury. 

73.At the time and place of the injury, Spirit, ATS, and Conrad were in breach of 

their duties in one or more of the following particulars:

(a) Pushing the plaintiff down;

(b) Pushing Plaintiff in the back;

(c) Conrad putting her hands on Meacham, applying enough pressure to cause 

him to fall;

(d)In Spirit and/or ATS failing to provide a safe environment for deplaning, and;

(e) In Spirit and/or ATS failing to instruct their employees in a safe and proper 

method for removing disabled passengers from the plane and into the 

boarding area.

74.As a result of defendants’ negligence, Meacham sustained the following serious 

and permanent injuries:

a. Further injuring Meacham’s broken back;

b. Reinjuring Meacham’s broken back;

c. Serious, debilitating back pain;

d. Serious, debilitating leg pain;

e. Serious, debilitating neck pain

f. Burning his hand;

g. Permanent scaring to his right hand.

Page 14 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 14 of 18
75.The incident in question and Meacham’s resulting injuries were directly and 

proximately caused by the negligence of the Defendants.

76.Spirit, ATS, and Conrad’s negligence caused Meacham’s injuries and will into the 

indefinite future continue to cause him pain and suffering, discomfort, 

humiliation, disruption of life, emotional distress, emotional injury, worry, and 

interference with his normal daily living activities, all to his non-economic 

damages in the amount of $900,000.

77.As a direct result of defendants’ negligence, Meacham incurred direct economic 

damages for medical and care expenses. Meacham will continue to incur medical 

and related treatment expenses up to and through the time of trial.

78.Meacham will continue to incur medical costs for treatment, chiropractic care, 

and massage therapy. He will also require the help of an in-home care provider 

to help him with his daily living activities. As a direct result of defendants’ 

negligence, Meacham will incur future medical costs in the amount to be 

determined at trial for the remainder of his life.

79.Defendants are joint and severally liable for the damages their negligence caused 

Meacham.

SECOND CLAIM FOR RELIEF – Battery, Spirit, ATS and Conrad

80.Plaintiff reasserts and re-alleges each and every allegation contained in the 

preceding paragraphs of this complaint, and incorporates them herein by 

reference as though set forth at length.

81.The act pushing down Meacham and Conrad putting her hands on Meacham 

Page 15 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 15 of 18
and pushing him were without his consent and against his will.

82.Said acts were physically injurious, painful, degrading and offensive.

83.Said acts constituted acts of battery committed against Meacham.

84.Defendants are jointly and severally liable for the damages resulting from the 

battery to Meacham.

85.As a result of the above-described battery, Meacham suffered great fear and 

humiliation, a sense of helplessness, loss of control, and personal violation, and 

has suffered, continues to suffer, and may permanently suffer from back and 

neck pain, feelings of fear, humiliation, disgust, and feelings of vulnerability, all 

to his noneconomic damage in the amount of $900,000.

86.As a further result of defendants' conduct, Meacham is entitled to noneconomic 

damages in an amount to be proven at trial. 

87.As a result of defendants' conduct, Meacham suffered severe emotional distress, 

in an amount to be determined at trial.

ADDITIONAL CLAIMS FOR RELIEF

88.Plaintiff reserves the right to plead punitive damages at a later time.

89.Plaintiff reserves the right to plead additional claims as they become discovered 

by Plaintiff.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

a) On all Causes of Action, judgment in his favor for past and future pain and 

suffering against defendants in the amount of $900,000 in noneconomic 

damages.

Page 16 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 16 of 18
b) On all Causes of Action, judgment in his favor and against defendants in the 

amount of up to $73,415 in economic damages.

c) On all Causes of Action, judgment in his favor and against defendants in the 

amount to be determined at trial for future medical costs and treatment for the 

plaintiff.

d) On all Causes of Action, costs, expenses, including attorney fees against

defendants.

e) On all Causes of Action, such other and further relief as the Court may deem just 

and proper.

Dated this June 4, 2015

/s/ William Ball 

William Ball OSB 011558

420 SW Washington St., Ste 400

Portland Oregon 97204

Ball.Will@gmail.com

503-477-8194

Fax: 877-479-0429

Page 17 of 10 – FIRST AMENDED COMPLAINT ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

Ball.Will@gmail.com

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 17 of 18
CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing Defendant Disability Access 

Corporation’s Notice of Appearance Through Counsel upon the following parties 

by the method(s) indicated below on June 4, 2015.

Attorneys for Spirit:

Steven O. Rosen

The Rosen Law Firm, PC

1000 SW Broadway, Suite 1220

Portland, OR 97205

503-525-2525

Fax: 503-525-2526

Email: rosen@rosenlawfirm.com

Elizabeth M. Ferrarini

The Rosen Law Firm, PC

1000 SW Broadway, Suite 1220

Portland, OR 97205

(503) 525-2525

Fax: (503) 525-2526

Email: ferrarini@rosenlawfirm.com

Attorneys for Defendants ATS and Kerrie Conrad:

Mr. Michael A. Miller

Mr. John R. Barhoum

Chock Barhoum LLP

121 SW Morrison, Suite 415

Portland, OR 97204

Mr. John P. Loringer

Mr. William J. Katt

Wilson Elser Moskowitz Edelman & Dicker LLP

740 N. Plankinton Ave, Suite 600

Milwaukee, WI 53203

By CM/ECF

By: /s/ William Ball

William Ball, OSB 011558

Attorney for Plaintiff

- 18 - ATTORNEY WILLIAM BALL, LLC

420 SW WASHINGTON, SUITE 400

PORTLAND, OREGON 97204

TEL (503) 477-8194 /FAX (877)479-0429

BALL.WILL@GMAIL.COM

Case 3:15-cv-00338-SI Document 25 Filed 06/04/15 Page 18 of 18