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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH
AMANDA FRITZ, as Personal Representative for the ESTATE OF STEVEN FRITZ;
Plaintiff, v.
CARSON OIL CO., INC., an Oregon corporation; and MICHAEL LIPPMANN, individually;
Defendants.
Case No. _______________
COMPLAINT
(Negligence – Wrongful Death) Amount of Claim: $9,500,000.00 Fee Authority: ORS 21.160(1)(d) Claim More Than $50,000
Not Subject to Mandatory Arbitration JURY TRIAL REQUESTED
Plaintiff alleges:
1.
Plaintiff Amanda Fritz (“Plaintiff Fritz”) is the duly appointed Personal Representative of the Estate of Steven Fritz (“Dr. Fritz”), pursuant to an Order entered in Multnomah County Circuit Court, State of Oregon, dated May 13, 2015. Plaintiff Fritz is Dr. Fritz’s widow. Dr. Fritz died on September 24, 2014 as a result of the automobile collision described herein.
2.
At all times mentioned herein, Defendant CARSON OIL CO., INC. (“Defendant Carson”) was and is an Oregon corporation with a principal place of business in Portland, Oregon.
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On information and belief, at all times mentioned herein, Defendant MICHAEL LIPPMANN (“Defendant Lippmann”) was and is a resident of the State of Oregon.
4.
On or about September 24, 2014, Dr. Fritz was traveling southbound on Interstate 5 through Salem, Oregon heading to work at Oregon State Hospital. He was travelling in a 1993 Nissan Sentra accompanied by passenger Cary Fairchild. It was raining heavily and visibility was poor.
5.
At the same time as Dr. Fritz and Mrs. Fairchild were traveling southbound, Defendant Lippmann was traveling northbound on Interstate 5 through Salem, Oregon.
6.
An oil truck owned by Defendant Carson was also traveling northbound on the same stretch of Interstate 5. The truck was operated by an employee of Defendant Carson, Ryan Wilson.
7.
The oil truck was traveling at a high rate of speed in the right lane of the highway prior to moving into the center lane to pass vehicles in the right lane. As it traveled in the center lane, Defendant Lippmann was traveling in the far left lane at a high rate of speed and started to pass the oil truck.
8.
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or cable divider between the northbound and southbound traffic along this stretch of Interstate 5; instead, there was simply a grassy berm. Defendant Lippmann’s vehicle launched off the berm into oncoming southbound Interstate 5 traffic.
9.
Defendant Lippmann’s vehicle collided head-on with Dr. Fritz’s vehicle driven by Dr. Fritz in the right lane of the southbound side of the highway.
10.
Dr. Fritz was killed instantly as a result of the collision. Mrs. Fairchild suffered extensive related injuries that resulted in her death on October 4, 2014 at Salem Hospital.
FIRST CLAIM FOR RELIEF (Negligence – Wrongful Death) (Plaintiff Against Defendant Lippmann)
11. Plaintiff realleges paragraphs 1 through 10.
12.
Defendant Lippmann owed a duty to Dr. Fritz to operate his vehicle in a reasonably safe manner, including driving at an appropriate speed and maintaining control over his vehicle.
13.
Defendant Lippmann breached that duty by driving at a speed that was excessive under the circumstances then and there existing, and by failing to maintain control of his vehicle.
14.
Defendant Lippmann knew, or in the exercise of reasonable care should have known, that each of the foregoing acts or omissions would create an unreasonable risk of harm to others, including Dr. Fritz.
15.
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was a substantial factor in causing the collision. 16.
As a direct and proximate cause of Defendant Lippmann’s negligence, Dr. Fritz suffered fatal injuries resulting in his death.
17.
Plaintiff Fritz, on behalf of the beneficiaries of Dr. Fritz’s estate, is entitled to recover: (a) The pecuniary loss to the estate, including, but not limited to, reasonable charges
for burial and memorial services rendered for the decedent;
(b) The pecuniary loss to the estate for the loss of Dr. Fritz’s future support, income and services to the estate;
(c) Compensatory damages to compensate for the pain and suffering experienced by Dr. Fritz after his injury and prior to his death; and
(d) Compensatory damages for the loss of companionship, society and comfort of Dr. Fritz.
18.
For these damages, Plaintiff Fritz should be awarded an amount to be determined at trial, but in no event less than $9,500,000.
19.
Plaintiff should be awarded its costs and disbursements against Defendant Lippmann. SECOND CLAIM FOR RELIEF
(Negligence – Wrongful Death) (Plaintiff Against Defendant Carson)
20. Plaintiff realleges paragraphs 1 through 10.
21.
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scope of his employment with Defendant Carson, and Defendant Carson is vicariously liable for his actions.
22.
Mr. Wilson owed a duty to Dr. Fritz to operate his vehicle in a reasonably safe manner, including driving at an appropriate speed and maintaining control over his vehicle.
23.
Mr. Wilson breached that duty by driving at a speed that was excessive under the circumstances then and there existing, by failing to stay in the right lane pursuant to ORS 811.325 and, instead, attempting to pass other vehicles in a heavy downpour and poor visibility, and by driving in such as manner as to create excessive splash and spray on vehicles around him.
24.
Mr. Wilson knew, or in the exercise of reasonable care should have known, that each of the foregoing acts or omissions would create an unreasonable risk of harm to others, including Dr. Fritz.
25.
The negligence of Mr. Wilson in one or more of the foregoing described ways was a substantial factor in causing the collision.
26.
As a direct and proximate cause of Mr. Wilson’s negligence, Dr. Fritz suffered fatal injuries resulting in his death.
27.
Plaintiff Fritz, on behalf of the beneficiaries of Dr. Fritz’s estate, is entitled to recover: (a) The pecuniary loss to the estate, including, but not limited to, reasonable charges
for burial and memorial services rendered for the decedent;
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(c) Compensatory damages to compensate for the pain and suffering experienced by Dr. Fritz after his injury and prior to his death; and
(d) Compensatory damages for the loss of companionship, society and comfort of Dr. Fritz.
28.
For these damages, Plaintiff Fritz should be awarded an amount to be determined at trial, but in no event less than $9,500,000.
29.
Plaintiff should be awarded its costs and disbursements against Defendant Carson.
WHEREFORE, Plaintiff requests a trial by jury and requests the Court should grant
judgment in favor of Plaintiffs and grant the following relief:
(a) On Plaintiff’s First Claim for Relief against Defendant Lippmann, compensatory damages in an amount to be determined at trial but in no event less than $9,500,000, plus costs and disbursements;
(b) On Plaintiff’s Second Claim for Relief against Defendant Carson, compensatory damages in an amount to be determined at trial but in no event less than $9,500,000, plus costs and disbursements;
(c) Prejudgment and post-judgment interest at the legal rate; and
(d) For such other and further relief as the Court may deem appropriate in the circumstances.
Dated this 17th day of June, 2015.
MICHAEL WISE & ASSOCIATES, P.C. KELL, ALTERMAN & RUNSTEIN, L.L.P.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 mwise@wiseattorneys.com
Blair Townsend, OSB #112281
btownsend@wiseattorneys.com
Of Attorneys for Plaintiff against all Defendants Ted E. Runstein, OSB #661052
trunstein@kelrun.com
Scott J. Aldworth, OSB #113123 saldworth@kelrun.com
Telephone: (503) 222-3531 Fax: (503) 227-2980
