efiled

SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR KING COUNTY

MARY MORGAN, individually, NO. I 9?72? Oh; ,3 63;;

Plaintiff,
COMPLAINT FOR DAMAGES:

WORKPLACE RAPE

V.

SKYWEST AIRLINES, a corporation doing
business in in Washington State,

Defendant.

 

 

 

COMES NOW the Plaintiff, by and through her attorneys of record, and by way of

information and belief, alleges as follows:
I. PARTIES

1. Plaintiff Mary Morgan is an employee of SkyWest Airlines, Inc. (SkyWest).
For all relevant time periods, as set forth herein, Mary Morgan was domiciled out of Sea-Tac
International Airport, Washington for her work at SkyWest. Mary Morgan has worked as a
?ight attendant for SkyWest Airlines for almost fourteen years. Mary was raped by pilot and
Captain Robert Rowe, who is part of SkyWest?s Seattle based crew.

2. Defendant SkyWest Airlines, Inc. is a for pro?t corporation. SkyWest
?operates in partnership with? Delta, United, American and Alaska airlines. SkyWest?s
website states that Seattle (Sea-Tao airport) is one of its and that it has a crew that

has a Seattle based ?domicile.? Plaintiff Mary Morgan is part of this Seattle based crew.

COMPLAINT 1 of 5
CONNELLY LAW OFFICES, PLLC
2301 North 30"1 Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0330 Fax

 

SkyWest?s website states that it has a ?line station? in Seattle, Washington and on average
approximately a 100 SkyWest ?ights depart daily ?om Seattle. SkyWest does business in
King County, Washington. SkyWest has ?led articles of incorporation with Washington
State?s Secretary of State and has a registered agent in Washington State: Corporation
System, 711 Capitol Way 8., Suite 204, Olympia, WA 98501.

H. JURISDICTION AND VENUE

3. Jurisdiction is proper in King County Superior Court. SkyWest does business in
King County operating nearly 40 ?ights a day out of Sea?Tao Airport, and has a registered
agent in Olympia, WA. Plaintiff Mary Morgan is domiciled out of Sea-Tao, as is the pilot
who raped her. The sexual assault occurred on a layover from a Seattle based ?ight. Venue
is proper in King County. Plaintiff brings claims pursuant to Washington State Law, as set
forth herein.

STATEMENT OF FACTS

4. Mary Morgan is a ?ight attendant with SkyWest Airlines. She has worked in
this capacity for fourteen years. Since 2011, Mary has been ?domiciled? out of Sea-Tao,
Washington meaning her ?ights all start from Sea-Tao, and she is part of SkyWest?s
SeattlefSea-Tac based crew.

5. On November 29, 2016, Mary was scheduled to work on a SkyWest ?ight
departing ?'om Seattle to Edmonton, Canada on a SkyWest ?ight. The ?ight crew had a 36?
hour layover in Edmonton before returning to Sea-Tao.

6. The SkyWest crew on this ?ight to Edmonton was comprised of pilot and
Captain Robert Rowe (Captain Rowe) and other employees. It is axiomatic, that the Captain

of the ?ight is in charge of all employees on board. A ?ight attendant is a subordinate to the

COMPLAINT 2 0f5
CONNELLY LAW OFFICES, PLLC
2301 North 30Eh Street
Tacoma, WA 98403
(253} 593?5100 Phone - {253] 593?0380 Fax

 

Captain. At all operative times, Captain Rowe held a managerial and supervisory role over
the Plaintiff. As such Captain Rowe?s actions are imputed to Defendant SkyWest.

7. SkyWest Captain Rowe is approximately 15 years older than Mary Morgan.
On the November 29-3 0, 2016 layover, Captain Rowe invited Mary to attend a hockey game
with him. Mary loves hockey, and so she agreed to attend.

8. It is not uncommon for crew members to go out to eat or attend sporting events,
and the like while on an extended layover. After the hockey game, Mary and Captain Rowe
had a drink. Mary was tired and wanted to return to the hotel, but Rowe convinced her to stay
for one last drink. After he ordered the drink, Mary went to the bathroom. She returned to
?nd the drink waiting for her. Mary ?nished her drink.

9. Mary?s ability to recall events from this point forward is compromised. Mary
felt like She was in a fog this did not feel to her like she was intoxicated, but rather it was a
strange foggy feeling she had never felt before. Mary doesn?t even recall how she got back to
the hotel.

10. When Mary finally broke free of the fog she was under, some hours later, she
was naked, bruised on her breasts and thighs, had a burning sensation in her vagina, and was
bleeding. Mary was still in a fog and felt numb. She knew she had been raped.

11. Mary got out of Captain Rowe?s room and prepared for her ?ight. She was
shaking and terri?ed at the thought of being on a ?ight with him. Mary made it through the
?ight and tried desperately to avoid Captain Rowe throughout the remainder of the ?ight.

12. Mary reported the rape to her chief ?ight attendant. The chief ?ight attendant
did nothing. Nothing. Mary reported the matter to the local police and they commenced a full

investigation.

COMPLAINT 3 of5
CONNELLY LAW OFFICES, PLLC
2301 North 30'11 Street
Tacoma, WA 98403
(253} 593-5100 Phone - (253] 593-0380 Fax

 

13. Terri?ed of encountering Captain Rowe, Mary noti?ed SkyWest human
resources. SkyWest human resources did nothing for months and months, despite Mary?s
repeated requests for SkyWest to do something to protect her and other employees ?om
Captain Rowe. It was only after Mary ?led a grievance to the top brass at SkyWest that
human resources commenced a half-baked investigation. The investigation has resulted in
zero changes in the workplace in fact Captain Rowe still ?ies for SkyWest.

14. Since Mary lodged her grievance, she has suffered hostile workplace
environment, workplace retaliation, including written reprimands for her attendance. When
Mary explained that her attendance was compromised because she was emotionally distraught
at the thought of seeing the rapist, or being in the same vicinity of him, SkyWest responded
by giving her a written reprimand.

15. Mary is worried and deathly afraid of Captain Rowe. She is concerned for the
safety of other female employees as well. To this day, SkyWest continues to do absolutely
nothing to address the aftermath of. Mary?s rape by a SkyWest Captain.

IV. CAUSES OF ACTION: WASHINGTON LAWS AGAINST

DISCRINIINATION AND RETALIATION (RCW 49.60, et. seq.),
SEXUAL ASSAULT 8: NEGLIGENCE

16. SkyWest Captain Rowe?s actions, as the supervising of?cer on the ?ight,
constitute violations of Washington?s Law Against Discrimination, sexual assault, and
negligence. Given Captain Rowe?s position of authority on the ?ight and within the
company, SkyWest is liable for the violations stated herein. Captain Rowe?s grossly abusive
actions epitomize the necessity and purpose of the #metoo movement. Further, the actions
and omissions on the part of SkyWest after the incident could be construed as unlawfully

retaliatory, discriminatory, and negligent.

- 4 of 5
CONNELLY LAW OFFICES, PLLC
2301 North 30?1 Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0330 Fax

 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests a judgment against Defendants:

Awarding Plaintiff general damages and special damages in an amount to be

proven at trial;

Awarding her reasonable attorney?s fees and costs as available under law,

(0) Awarding her any and all applicable interest on thejudgment;

Awarding her such other and further relief as the Court deems just and proper

under the circumstances of this case.

DATED this 25th day of April, 2018.

COMPLAINT - 5 of 5

CONNELLY LAW OFFICES, PLLC

Julie/A. Kayy
By
Julie A. Kays, WSBA No. 30385
Lincoln C. Beauregard, WSBA No. 32878
Attorney for Plaintiff

VANGUARD LAW, INC.

Spar/war ThaL

By

Spencer Thal, WSBA No. 20074
Attorney for Plaintiff

CONNELLY LAW OFFICES, PLLC
2301 North 30"1 Street

Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax