1 2 3 4 5 6 7 8 9 10 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING NA RA YOON, an individual, No. Plaintiff, 11 v. 12 RIDE THE DUCKS INTERNATIONAL, LLC, a Missouri Corporation; RIDE THE DUCKS OF SEATTLE, LLC, a Washington Corporation; “JOHN DOE DRIVER” and “JANE DOE DRIVER,” both individuals, and the marital community comprised thereof, 13 14 15 16 COMPLAINT FOR PERSONAL INJURY AND DAMAGES Defendants 17 I. NATURE OF ACTIONS 18 19 1. These causes of action are brought to recover just compensation for personal 20 injuries and damages sustained by Plaintiff Yoon as a result of a motor vehicle accident 21 that occurred on the George Washington Memorial Bridge (commonly: “Aurora 22 Bridge”) on SR 99 in Seattle, King County, Washington shortly after 11:00 a.m., 23 Thursday, September 24, 2015. Plaintiff Yoon was a passenger on a tour bus owned 24 and operated by Bellair Charters. The tour bus in which Plaintiff Yoon was riding was 25 struck by an amphibious vehicle, originally a military model DUKW, which in 2005 was 26 converted by Defendant Ride the Ducks International (“RTDI”) into a civilian “Duck 27 Boat.” which Defendant RTDI sold the Duck Boat to Defendant Ride the Ducks of 28 COMPLAINT FOR PERSONAL INJURIES & DAMAGES HERRMANN SCHOLBE 1 505 5th Ave So., Ste. 630 Seattle, WA 98104 V: 206.625.9104 F: 206.682.6710 1 Seattle (“RTDS”) who owned and operated it as “Duck 6.” At the time of the accident, 2 Duck 6 was being driven by RTDS’ employee, Defendant “John Doe Driver.” 3 II. PARTIES 4 2. Plaintiff Na Ra Yoon is a 21-year-old single female. A citizen of the Republic of 5 Korea, she arrived in the USA for the first time on September 16, 2015, in order to 6 attend college at North Seattle College in Shoreline, Washington. She currently resides 7 in King County. 8 9 3. Defendant RTDI is a Missouri corporation with its headquarters/principal place of business in the State of Georgia. 10 4. Defendant RTDS is a Washington corporation. 11 5. Defendant “John Doe Driver” is an individual who was employed by RTDS at the 12 time of the accident to drive Duck 6 while entertaining the customer tourists. His true 13 name has not been released to the public and is as of yet unknown to Plaintiff. 14 6. The true name of John Doe Driver’s wife is likewise unknown. Therefore, she 15 has been designated Defendant “Jane Doe Driver” and is named herein as a defendant 16 solely in order to secure jurisdiction over John Doe Driver’s marital community. 17 18 19 III. JURISDICTION & VENUE 7. This is an action for personal injury and damages arising out of an accident that occurred in King County. 20 8. Plaintiff Yoon resides, and Defendant RTDS has its principal place of business, 21 in King County. While Defendant RTDI is a foreign corporation, its relevant business 22 activities and contacts within the State of Washington were conducted in King County. 23 9. Accordingly, this Court has jurisdiction over the subject matter and the parties 24 in this action and venue is proper in King County. 25 IV. FACTS 26 10. The scene of this horrific accident is located on SR 99 where it traverses the 27 Aurora Bridge in Seattle, Washington. The bridge was originally built 83 years ago in 28 1932, when traffic was far lighter than the daily average of 86,000 cars crossing it now. COMPLAINT FOR PERSONAL INJURIES & DAMAGES HERRMANN SCHOLBE 2 505 5th Ave So., Ste. 630 Seattle, WA 98104 V: 206.625.9104 F: 206.682.6710 1 11. The bridge has six 6 lanes of travel, three northbound and three southbound. 2 The lanes are notoriously narrow, in point of fact the narrowest on any 6-lane bridge 3 in the state. While the modern standard lane width is 11-12 feet, on the Aurora Bridge, 4 the center northbound lane is 9 feet, 3 inches wide. The other lanes on the bridge are 5 9 feet, 6 inches wide to 9 feet, 8 inches wide. The width of Duck 6 is 8 feet, 2.4 inches, 6 leaving just over a mere 6 inches of room within these lanes on either side of the 7 vehicle. The posted speed limit is 40 mph, which the flow of traffic regularly exceeds. 8 There is no median barrier on the bridge to prevent vehicles from crossing over into 9 opposing traffic. 10 12. The Washington State Department of Transportation (WDOT) years ago 11 recognized that this stretch of highway crossing the Aurora Bridge has one of the 12 highest rates of accidents in the state. In 2003, WDOT proposed that the sidewalks 13 be placed under the bridge roadway allowing the lanes of vehicle travel to be 14 widened and that a median barrier be installed to prevent this kind of cross-over 15 accident. It was not done, leaving dangerous traffic conditions on the bridge. 16 17 13. RTDI boasts on its website that it is the nation’s largest amphibious tour operator and amphibious vehicle manufacturer. 18 14. RTDI has a franchisor/franchisee relationship with Defendant RTDS here in 19 Washington. In 2005, RTDI performed the manufacturing necessary to convert Duck 6 20 from its original (1945) military model DUKW into what is known within the industry 21 by its current moniker - a “Duck Boat.” RTDI sold it to Defendant RTDS that same year. 22 15. Duck 6 was deployed by RTDS as an amphibious tourist vehicle providing tours 23 both on land/streets and in waterways of Seattle. 24 16. In 2013, RTDI became aware that the axle housings on Duck Boats such as 25 Duck 6 could be dangerously defective; they needed to be thoroughly checked and 26 repaired. RTDI published a warning to its own operators in the form of a service 27 bulletin, but it failed to successfully inform its franchisee – RTDS. 28 COMPLAINT FOR PERSONAL INJURIES & DAMAGES HERRMANN SCHOLBE 3 505 5th Ave So., Ste. 630 Seattle, WA 98104 V: 206.625.9104 F: 206.682.6710 1 17. RTDS’ maintenance records reflect that the axles and housings passed 3 2 inspections without any negative findings whatsoever in both 2013 and 2014. RTDS 3 failed to examine the defective housing properly and no repairs or modifications were 4 accomplished. The RTDS mechanic who performed the first two inspections was not 5 informed of the service bulletin regarding the dangerous defects in the axle housing. 6 18. The route John Doe Driver was following on the day of the accident, September 7 24, 2015, took DUCK 6 northbound on SR 99 over the Aurora Bridge just after 11:00 8 a.m. PDT. Just prior to the accident, John Doe Driver drove Duck 6 northbound on the 9 Aurora Bridge in the middle lane. He signaled his intention to change into the left inside 10 lane. At that moment, Duck 6 apparently had a mechanical failure involving the left 11 front wheel assembly. Eyewitnesses describe an apparent “blowout,” “lockup” or the 12 wheel actually coming off. In the aftermath, investigators would find the left front wheel 13 detached from Duck 6 with its axle sheared off completely either just prior to, or as a 14 result of, the impact with the Bellair tour bus. 15 19. In any event, John Doe Driver failed to maintain control of Duck 6 as it crossed 16 over the barrier-less centerline where it violently impacted with the Bellair tour bus 17 traveling southbound across the bridge. 18 20. Plaintiff Yoon was a passenger on the Bellair tour bus, sitting on a right-most 19 seat in roughly the middle of the bus. She and fellow students at North Seattle College 20 were on a school sponsored orientation tour of Seattle headed to a tour of Safeco Field. 21 21. Ms. Yoon has no memory of the impact in the accident. She was knocked 22 unconscious. Her last recollection was looking at her cell phone. The next thing she 23 remembers is waking up sitting on the sidewalk, covered in dust, bleeding, badly 24 bruised over her left eye and her left shoulder/arm, and experiencing extreme pain. 25 Both her hands suffered fractures. Other students were attending her. She was taken 26 by ambulance to the Group Health Hospital on Capitol Hill, where she was examined, 27 treated, and released later that evening with her hands in cast and splint. 28 COMPLAINT FOR PERSONAL INJURIES & DAMAGES HERRMANN SCHOLBE 4 505 5th Ave So., Ste. 630 Seattle, WA 98104 V: 206.625.9104 F: 206.682.6710 1 2 22. Ms. Yoon continues to suffer from both physical and psychological injuries for which she is being treated. 3 V. RESPONDEAT SUPERIOR 4 23. All acts and/or omissions on the part of John Doe Driver and all other 5 employees and/or agents of Defendants RTDI and RTDS that contributed to this 6 accident, were performed within the scope of their employment and/or agency 7 for said defendants. Thus, under the doctrine of Respondeat Superior, 8 defendants are liable for any of the acts or omissions of their employees and/or 9 agents. 10 VI. FIRST CAUSE OF ACTION AGAINST DEFENDANT RTDI 11 PRODUCTS LIABILITY - NEGLIGENCE 12 24. All of the above paragraphs are incorporated herein by reference. 13 25. RTDI not only remanufactured Duck 6 in 2005, but also sold it to RTDS in that 14 same year. 15 26. Duck 6 was not reasonably safe at the time of RTSI’s remanufacture and sale to 16 RTDS. Failure of defective parts in the left front wheel assembly contributed to the 17 accident. At the time of this accident, Duck 6 was still within its presumed period of 18 “useful safe life” as provided for in RCW 7.72.060 Length of Time Product Sellers Are 19 Subject to Liability. 20 27. Further in 2013, RTDI became aware of the defective condition of the parts that 21 failed in this accident. While they issued warnings to their own operators in other 22 cities, they failed to adequately warn and instruct its franchisee, RTDS. 23 28. RTDI was negligent in that it failed to use care that a reasonable manufacturer 24 and/or seller would have used in like and similar circumstances to remanufacture 25 Duck 6 correctly and to provide adequate warnings of safety hazards and/or 26 sufficient instruction or training. 27 28 COMPLAINT FOR PERSONAL INJURIES & DAMAGES HERRMANN SCHOLBE 5 505 5th Ave So., Ste. 630 Seattle, WA 98104 V: 206.625.9104 F: 206.682.6710 1 29. As a result, Defendant RTDI is liable in negligence under Washington’s 2 Products Liability Statutes (RCW 7.72 et seq.) for all of Plaintiff Yoon’s personal 3 injuries and damages proximately caused by this accident. 4 VII. SECOND CAUSE OF ACTION AGAINST 5 DEFENDANT RTDI - PRODUCTS LIABILITY - STRICT 6 30. All of the above paragraphs are incorporated herein by reference. 7 31. Duck 6 was not reasonably safe in its remanufactured condition when RTDI sold 8 and delivered it to RTDS. 9 merchantability and fitness for particular purpose as provided for in RCW 62A et seq. 10 Duck 6 did not conform to the implied warranties of - Washington State’s Uniform Commercial Code. 11 32. As a result, RTDI is strictly liable under Washington’s Products Liability 12 Statutes (RCW 7.72 et seq.) for all of Plaintiff Yoon’s personal injuries and damages 13 proximately caused by this accident. 14 VIII. THIRD CAUSE OF ACTION AGAINST 15 DEFENDANTS JOHN DOE DRIVER & RTDS - NEGLIGENCE 16 33. All of the above paragraphs are incorporated herein by reference. 17 34. John Doe Driver was negligent for failing to use the ordinary care of a reasonably 18 prudent driver to maintain control of Duck 6 to prevent it from crossing the double 19 yellow center line and colliding with opposing traffic - expressly in violation of RCW 20 46.61.150 Driving on Divided Highways. 21 22 35. Further, RTDS negligently failed to properly train, instruct, and supervise John Doe Driver in the performance of his duties as an employee/agent of RTDS. 23 36. At all times relevant hereto, John Doe Driver was acting within the scope of 24 his employment/agency on behalf of his employer/principal RTDS. Accordingly, 25 under the doctrine of Respondeat Superior, RTDS is equally liable for his actions. 26 37. As a result, RTDS is liable for its own negligence. RTDS and John Doe Driver 27 are both liable for the negligence of John Doe Driver and for all of Plaintiff Yoon’s 28 personal injuries and damages proximately caused by this accident. COMPLAINT FOR PERSONAL INJURIES & DAMAGES HERRMANN SCHOLBE 6 505 5th Ave So., Ste. 630 Seattle, WA 98104 V: 206.625.9104 F: 206.682.6710 1 IX. FOURTH CAUSE OF ACTION AGAINST 2 DEFENDANT RTDS - NEGLIGENCE 3 38. All of the above paragraphs are incorporated herein by reference. 4 39. Agents of RTDS, whose names are currently unknown to Plaintiff Yoon, were 5 negligent in failing to use the care reasonably prudent inspectors would have in like 6 and similar circumstances to inspect Duck 6 and to discover the defective parts that 7 were a proximate cause of this accident. 8 40. Said inspections are required in the Code of Federal Regulations under 49 CFR 9 396 et seq. as further required by WAC 480-30-221 concerning inspection, repair, and 10 maintenance. 11 41. Further, RTDS negligently failed to properly train, instruct, and supervise 12 these unnamed agents in the performance of their duties as employees/agents of 13 RTDS. 14 42. At all times relevant hereto, the unnamed agents referred to above were 15 acting within the scope of their employment/agency on behalf of their 16 employer/principal RTDS. Accordingly, under the doctrine of Respondeat Superior, 17 RTDS is equally liable for their negligence. 18 43. As a result, RTDS is liable for its own negligence as well as the negligence of 19 these unnamed agents and for all of Plaintiff Yoon’s personal injuries and damages 20 proximately caused by this accident. 21 22 23 X. JOINT AND SEVERAL LIABILITY 44. Inasmuch as Plaintiff Yoon was completely negligence free in this accident, pursuant to RCW 4.22 et seq., the liability of all defendants is joint and several. 24 XI. DAMAGES 25 45. Plaintiff Yoon suffered serious general damages including, but not limited to, 26 physical injury, disability, disfigurement, pain and suffering, and emotional trauma, the 27 full nature and extent of which will be proven at the time of trial. 28 COMPLAINT FOR PERSONAL INJURIES & DAMAGES HERRMANN SCHOLBE 7 505 5th Ave So., Ste. 630 Seattle, WA 98104 V: 206.625.9104 F: 206.682.6710 1 46. Plaintiff Yoon also suffered special damages including, but not limited to, costs 2 of medical treatment, prescriptions, other medical supplies, and transportation, the 3 exact nature and full extent of whic,h will be proven at the time of trial. 4 47. The special damages suffered by Plaintiff Yoon are liquidated and ascertainable 5 by computation. To the extent said amounts remain unpaid by defendants, Ms. Yoon 6 is entitled to prejudgment interest at the statutory rate on these amounts until paid. 7 8 XII. RESERVATION 48. Plaintiff's investigation is ongoing. Further discovery should reveal the names 9 of agents of the defendants. It may also reveal additional acts of negligence on the 10 part of the referenced agents our other agents of these defendants and/or establish 11 that other, so far unnamed, persons or entities may also be at fault and another cause 12 contributing to this accident. 13 14 49. Further, the exact nature and full extent of Ms. Yoon 's personal injuries and damages are not yet known; she may have additional causes of action. 15 50. Plaintiff reserves the right to subsequently amend her complaint accordingly. 16 XIII. PRAYER FOR RELIEF 17 50. WHEREFORE, plaintiff prays for judgment against the defendants in such sum 18 as will fully and fairly compensate plaintiff for her injuries, general damages, and 19 special damages, including prejudgment interest as appropriate, other damages the 20 exact nature and full extent of all of which to be proven at trial, together with attorney 21 fees, costs and disbursements herein, as well as such other relief as the Court deems 22 just and equitable in the premises. 23 DATED this 5th day of October, 2015. 24 25 26 Charles r ann, WSBA #6173 John Scheibe, WSBA #29433 Crystal R. Lloyd, WSBA # 46072 Attorney s for Plaintiff 27 28 COMPLAINT FOR PERSONAL INJURIES & DAMAGES 8 HERRMANN SCHOLBE 505 5th Ave So., Ste. 630 Seat t le, WA 98104 V: 206.625.9104 F: 206.682.6710