FILED 1 2019 MAY 07 02:49 PM KING COUNTY SUPERIOR COURT CLERK E-FILED CASE #: 19-2-12304-4 SEA 2 3 4 5 6 7 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 9 10 11 12 13 WILLIAM BRITVEN and MARY LOU BRITVEN, individually and as husband and wife, Plaintiffs, vs. NO. COMPLAINT FOR DAMAGES PORT OF SEATTLE, a municipal corporation of the state of Washington, 14 Defendant. 15 I. 16 17 18 19 20 21 22 1.1 25 26 27 William Britven and Mary Lou Britven are husband and wife. At all times material hereto, they resided in Mason City, Cerro Gordo County, Iowa. 1.2 The Port of Seattle is a municipality organized and existing under the laws of the State of Washington. Defendant Port of Seattle at all times material hereto conducted business at SeaTac Airport where the acts and omission giving rise to this Complaint occurred. II. 23 24 IDENTIFICATION OF PARTIES 2.1 VENUE AND JURISDICTION Subject matter and personal jurisdiction are proper in Superior Court of Washington for King County because the alleged causes of action arose out of activities within King County, including but not limited to the transaction of business and/or the commission of tortious acts LUVERA LAW FIRM ATTORNEYS AT LAW COMPLAINT FOR DAMAGES - 1 6700 COLUMBIA CENTER • 701 FIFTH AVENUE SEATTLE, WASHINGTON 98104 (206) 467-6090 1 2 3 4 5 6 7 within King County. RCW 4.12.020. 2.2 Venue is proper in King County, Washington as defendant Port of Seattle is situated in King County within the meaning of RCW 4.12.025. 2.3 Plaintiffs filed their Claims for Damages with the Port of Seattle pursuant to RCW 4.96.020 more than 60 days prior to filing this Complaint. Plaintiffs bring their claims within the time limits allowed by the applicable statute of limitations. III. 8 9 3.1 DATE AND NATURE OF OCCURENCE On the evening of Monday, August 6, 2018, plaintiffs landed at SeaTac Airport and 10 boarded an airport shuttle bus bound for the rental car facility at SeaTac Airport. Mr. Britven was 11 directed by the bus driver to sit on his unsecured motorized scooter which was loaded onto the bus 12 by the bus driver. While in route to the rental car facility, Mr. Britven was injured when the shuttle 13 14 15 16 17 18 bus driver failed to slow down for a turn in the road, causing Mr. Britven to fall onto the floor with the motorized scooter falling on top of him. On information and belief, the shuttle bus was owned and operated by the Port of Seattle. 3.2 negligence and wrongful conduct of defendant Port of Seattle. 19 20 21 22 23 24 Plaintiff William Britven sustained severe injuries as the direct result of the IV. 4.1 CLAIMS AGAINST DEFENDANT PORT OF SEATTLE The Port of Seattle is a common carrier with the highest duties of care and liable for all negligent, reckless and/or other acts, omissions or conduct, directly and vicariously through its employees and agents, as such fault proximately caused plaintiffs’ injuries and damages. 4.2 Defendant Port of Seattle, directly and/or vicariously through the acts or omissions 25 of its employees and agents, was negligent and liable as such fault proximately caused plaintiffs’ 26 injuries and damages. 27 LUVERA LAW FIRM ATTORNEYS AT LAW COMPLAINT FOR DAMAGES - 2 6700 COLUMBIA CENTER • 701 FIFTH AVENUE SEATTLE, WASHINGTON 98104 (206) 467-6090 4.3 1 2 Port of Seattle, whether independent or vicarious, and upon which plaintiffs will rely at trial. V. 3 4 5 5.1 8 9 5.2 14 15 16 As a direct and proximate cause of the acts and omissions alleged herein, plaintiff consortium. 5.3 Plaintiffs have and will incur special and economic harm and damages caused by defendant Port of Seattle in an amount that will be proven at trial. 12 13 As a direct and proximate cause of the acts and omissions alleged herein, plaintiff Mary Lou Britven has suffered injuries and damages including, but not limited to, loss of 10 11 INJURIES AND DAMAGES William Britven has suffered severe and permanent injuries and damages. 6 7 Discovery and investigation may reveal additional bases for liability of defendant 5.4 Plaintiffs are entitled to prejudgment interest on liquidated sums from the time the expenses were incurred to the time of trial at the appropriate and proper rate of interest, including, but not limited to, all general and non-economic damages due to the injuries and harm proximately caused by defendant. WHEREFORE, having set forth their complaint, plaintiffs request that the Court enter 17 18 judgment against defendant for (1) all injuries and damages sustained by plaintiffs, in amounts to 19 be proven at trial; (2) reasonable costs and fees incurred herein; and (3) such further relief as justice 20 requires. 21 22 23 24 /// /// /// 25 /// 26 /// 27 LUVERA LAW FIRM ATTORNEYS AT LAW COMPLAINT FOR DAMAGES - 3 6700 COLUMBIA CENTER • 701 FIFTH AVENUE SEATTLE, WASHINGTON 98104 (206) 467-6090 1 DATED this 7th day of May, 2019. LUVERA LAW FIRM 2 /s/ Robert N. Gellatly ROBERT N. GELLATLY, WSBA #15284 GRANT B. GELLATLY, WSBA #52629 701 Fifth Avenue, Suite 6700 Seattle, WA 98104 Telephone: (206) 467-6090 Facsimile: (206) 467-6961 Robert@LuveraLawFirm.com Grant@LuveraLawFirm.com 3 4 5 6 7 Attorneys for Plaintiffs Britven 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 LUVERA LAW FIRM ATTORNEYS AT LAW COMPLAINT FOR DAMAGES - 4 6700 COLUMBIA CENTER • 701 FIFTH AVENUE SEATTLE, WASHINGTON 98104 (206) 467-6090