FILED

12 MAY [19 AM. 9:03

KING COUNTY

SUPERIOR. COUFIT CLERK





IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF KING

AUSTIN PORTER and PATRICIA
WILHELM, husband and wife,

:No.

COMPLAINT

Plaintiffs,
v.

RIDE THE DUCKS OF I
LLC, d/b/a SEATTLE DUCK TOURS, I
a Washington Limited Liability
Company, and THOMAS C. VAN
GORDER, and VAN
GORDER, husband and wife,

Defendants.

 

 

 

 

PLAINTIFFS ALLEGE:
Plaintiffs were and are now
King

County, Washington. At

COMPLAINT ?l .

husband and wife,

the time of the

MESSINA BULZOMI CI IRISTENSEN, RS.
5316 Orchard Street West
Tacoma WA 98467
(253)472?6000

residents of

collision



 

hereinafter complained of, plaintiff Austin Porter was the owner

and operator of a 2010 Triumph T100 Bonneville 
involved in the motor vehicle collision hereinafter described.
TI.

Defendant, Ride. the Ducks (IE Seattle, LLC, d/b/a Seattle
Ducks Tours is, eumi at the time tn? the collision hereinafter
complained of was, doing business in Seattle, King County,
Washington, Defendant Ride the Ducks of Seattle, LLC, d/b/a
Seattle Duck Tours owned and operated. the amphibious landing
craft known as a EWKW or ?Duck? involved in the motor vehicle
collision of October 11, 2011.

111 .

Defendants, Thomas C. Van Gorder and ?Jane Doe? Van Gorder

are and were husband and wife, consisting of a marital community

under the laws of the state of Washington. All actions

hereinafter alleged to have been performed by defendant Thomas
C. Van Gorder were done for and on his own behalf and for and on

the behalf of the marital community of Thomas C. Van Gorder and

?Jane Doe? Van Gorder. Defendant Thomas C. Van Gorder was the

operator of the ?Duck? involved in the motor vehicle collision

hereinafter described. At all times material hereto, defendant

Thomas C. Van Gorder acted on behalf of, and within the scope of

his employment by, Ride the Ducks of Seattle, LLC, d/b/a Seattle

Duck Tours.
COMPLAINT-2 . MESSINA CHRISTENSEN, 13.55.
5316 Orchard Street West
Tacoma WA 98467
(253)472?6000

 

the 10th day' of October, 2011, at approximately 2:00
plaintiff was seated on the above?described 2010 Triumph

T100 Bonneville stopped in the eastbound lane at the

intersection of Pike Street and Third Avenue, in Seattle, King

County, Washington. Defendant Thomas C. Van Gorder, operating a

?Duck? owned by defendant Ride the Ducks of Seattle, LLC, d/b/a

Seattle Duck Tours, was travelling eastbound on Pike Street,

directly behind plaintiff Austin Porter, approaching the

intersection of Third Avenue and Pike Street. Defendant Thomas

C. Van Gorder negligently, carelessly and unlawfully caused the

?Duck? he operated to strike the rear of the plaintiff's

with great force and violence, causing the 

to fall over. Defendant Thomas C. Van Gorder negligently,

carelessly and unlawfully drove the ?Duck? over plaintiff Austin
hereinafter

Porter and his



causing the injuries

described.

 

. BULZOMI 13.5.
5316 Orchard Street West
'l'acoma WA 98467

(253) 472?6000

 

The sole proximate cause of the above?described collision

was the fault of the defendants.

VI.
As a direct and proximate result of the negligence,
carelessness and unlawful conduct of defendants, plaintiff

Austin Porter sustained personal injuries, both physical and

mental, which have necessitated medical care and treatment and

hospitalization, which medical treatment continues to the

present time and which will continue for an indefinite period of

time in the future; that he has suffered both physical and

mental pain, disability, discomfort and anguish, together with a

loss of earnings and impairment of future earning capacity which

will continue to exist for an indefinite period of time in the

future; that plaintiff Austin Porter has further been rendered

highly susceptible to further injury in the future, which

susceptibility will persist for an indefinite period of time, if
not permanently.
VII.

As a result of the fault of the defendants, plaintiff

Patricia Wilhehn has been specially and generally damaged and
has suffered a loss of the services and consortium of plaintiff

Austin Porter, her spouse.

. MESSINA BUIZOMI CHRISTENSEN, RS.
5316 Orchard Street West
Tacoma WA 98467

(253) 4?2?6000

 

direct and proximate result of the negligence,

carelessness and unlawful conduct of defendants, plaintiffs have

been specially and generally damaged in an amount to be fully
proven at the time of trial.

WHEREFORE, plaintiff pray for judgment against the defen?

dants, for such sums of money as will reasonably and justly

compensate them for their damages sustained as hereinbefore

alleged, together with their costs and disbursements herein to

be taxed, and for prejudgment interest.



I


BY 

STEPHEN L. 15187
JAMES w. MC RMICK 32888
Attorneys for Plaintiffs

DATED this ?7 day of 2012.

 

THE PLAINTIFF WILL
NOT ACCEPT SERVICE

OF PLEADINGS OR
MOTIONS VIA FAX.

 

 

 

COMPLALNT 5 . MESSINA BULZOMI CHRISTENSEN, 13.8.
5316 Orchard Street West
Tacoma WA 98467