5/14/2018 11:40 AM

18CV19252

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4 IN THE CIRCUIT COURT OF THE STATE OF OREGON
5 FOR THE COUNTY OF CLACKAMAS

6 ESTATE OF JOHN THORNTON JENKINS )

by ROBERT D. JENKINS, personal ) Case No.
7 representative, )
) COMPLAINT - Action at Law
8 Plaintiff, ) Negligence; Wrongful Death
)
9 V. ) Prayer: $10,000,000
) Fee Authority ORS 21.160(l)(e)
10 CLACKAMAS COUNTY; CLACKAMAS )
COUNTY SHERIFF; CLACKAMAS 911; ) CLAIM NOT SUBJECT TO
11 ) MANDATORY ARBITRATION
Defendant.
12

13 Plaintiff alleges as follows:

14 1.
15 At all material times Clackamas County operated the Clackamas County Department of

16 Communications and provided 911 emergency call taking service by and through its employees

17 and/or agents and provided emergency communications to the general public.

18 2.

19 At all material times, Clackamas County Sherifr s Office and its employee Connie

20 Haider, fielded calls from Clackamas County 911 for climbing incidents on Mt. Hood.

21 3.
22 At all material times on or about May 7, 2017, rescue helicopters were available and

23 conditions on the mountain allowed for a helicopter to be used on Mt. Hood for a rescue.

24 4.

25 On or about May 7, 2017 at approximately 10:40 am John Jenkins was climbing on Mt.

26 Hood, well above and beyond the Timberline ski area, when he fell several hundred feet. At
PAULSONCOLETTI
Trial AttorneysPC
PAGE I -COMPLAINT I 022 NW Marshall,No. 450
Portland,OR 97209
Telephone(S03) 226-6361
Fax(S03)226-6276
 1 approximately 10:48 am, a call was received by Clackamas County 911 reporting the fall and
2 Clackamas County 911 transferred the call to Clackamas County Sheri fr s office. Connie
3 Haider from the Clackamas County Sherifrs office did not call for help and told the caller to

4 contact Timberline ski patrol despite being told the climber was a climber, not a skier and was

5 outside the ski area. At 11:25 am a call was placed by Timberline Ski Patrol to Clackamas
6 County 911 and Clackamas County 911 transferred the call to Clackamas County Sheri fr s
7 office. At 11:37 am Portland Mountain Rescue asked Timberline Ski Patrol to request a

8 helicopter. At 12: 11 pm Portland Mountain Rescue told Clackamas County Sherifrs office that
9 a helicopter was needed. At 12:29 pm Oregon office of Emergency Management called Oregon

10 Army National Guard to request a helicopter. At 3: 11 pm the helicopter arrived at the scene. As
11 the helicopter arrived and attempted to secure plaintiff into a basket and lift him to the

12 helicopter, he stopped breathing and lost his pulse.

13 5.

14 At all material times, defendant Clackamas County was negligent in one of more of the

15 following particulars:
16 (a) In failing timely request a helicopter to the fall site;

17 (b) In failing to tell the climbers and rescuers to do a ground rescue;

18 (c) In routing the calls on the mountain about plaintifr s rescue to improperly trained

19 community services officer.

20 6.

21 At all material times, defendant Clackamas County Sherifr s Office, was negligent in one

22 of more of the following particulars:

23 (a) In failing timely request a helicopter to the fall site;

24 (b) In failing to tell the climbers and rescuers to do a ground rescue; and
25 (c) In routing the calls on the mountain about plain ti fr s rescue to improperly trained
26 community services officer.
PAULSONCOLETTI
Trial Attorneys PC
PAGE 2 - COMPLAINT I022 NW Marshall, No. 450
Portland, OR 97209
Telephone (503) 226-6361
Fax (503)226-6276
 1 7.

2 At all material times, defendant Clackamas County 911 was negligent in one of more of
3 the following particulars:

4 (a) In failing timely request a helicopter to the fall site;

5 (b) In failing to tell the climbers and rescuers to do a ground rescue;

6 (c) In routing the calls on the mountain about plaintiffs rescue to improperly trained
7 community services officer.
8 8.

9 This action is brought to recover damages for the conscious pain and suffering of John

10 Jenkins during his lifetime and for the loss of society and companionship sustained by his family

11 during their lifetime in the sum of $5,000,000 non-economic damages.

12 9.

13 As a further result of defendants' negligence, plaintiff has suffered loss of earnings and
14 loss of services in the $5,000,000 economic damages.
15 Claim Two

16 (Loss of Chance)
17 10.

18 Plaintiff re-alleges paragraphs 1-9.

19 11.

20 In the alternative and in the event that the jury finds that there is insufficient evidence to
21 prove that defendants' negligence caused plaintiffs death, as a result of defendants' negligence,
22 plaintiff seeks damages for the loss of chance to survive the fall and for the conscious pain and
23 suffering of John Jenkins during his lifetime and for the loss of society and companionship
24 sustained by his family during their lifetime in the sum of $5,000,000 non-economic damages.
25

26
PAULSONCOLETTI
TrialAttorneysPC
PAGE 3 - COMPLAINT 1022 NW Marshall,No. 450
Portland,OR 97209
Telephone(503) 226-6361
Fax(503)226-6276
 1 12.

2 As a further result of defendants' negligence, plaintiff has suffered loss of earnings and
3 loss of services in the $5,000,000 economic damages.

4 WHEREFORE, plaintiff prays for judgment in his favor and against defendants in the
5 amount of $5,000,000 noneconomic damages and $5,000,000 economic damages, plus costs and
6 disbursements in an amount to be determined.
7 DATED May 14, 2018
PAULSON COLETTI
8 TRIAL ATTORNEYS PC
9

10 ls/Jane Paulson
Jane Paulson, OSB #91180
11 Attorneys for Plaintiff
Email: Jane@paulsoncoletti.com
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PAULSONCOLETTI
Trial AttorneysPC
PAGE 4-COMPLAINT 1022 NW Marshall, No. 450
Portland, OR 97209
Telephone (503) 226-6361
Fax (503)226-6276