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FILED
18)
UL 24 PM 1:58
The Hononabieclenst'Helson |
SUPERIOR COURT CLERK |
E-FILED
CASE NUMBER: 18-2-09898-0 KHT
6
IN THE SUPERIOR COURT OF THE STATE.OF WAS
7 HINGTON
IN AN FORDTHE COUNTY OF KING
8] JENNIFER IMMEL,
Plaintiff,
9 NO. 18-2-09898-9 KNT
vs
10} CONSENT:.TO ALLOW
| SENA AND TIMOTHY CAMARATA, AMENDMENT OF COMPLAINT
11] Wife and Husband, and
Their Marital Community, and
12}°GNEDA AND JANE DOE BOUREIMA,
‘| Husband and Wife, and
13] Their Marital Community, and
TAYLOR AND JOHN DOR HUSBANDS,
14| Wife and Husband, and
Their Marital Community,
15 Defendants.
16},
Defendants CAMARATA, GNEDA (mistakenly listed as BOUREIMA
) and HUSBANDS,
17! by and through their counsel of record, pursuantto CR 15(@),
hereby consent to allow Plaintiffto
18 amend the Complaint by filing the First Amended Complaint;
a true and. correct copy of whieh is
9 attached hereto,
20.
a1} Bradley 0. Bevis WSBA #20764
Caner ally (ig
Meredith A. Sawyer, WSBA #33793
2 Attomeys for Defendants Camarata
CONSENT TO ALLOW. FIRST AMENDED COMPLAINT, P. 1
tohn H. Darrow, Attorey-at-Law
310 Third-Ave. NE, Suite 116
Issaquah, WA 98027
425-369-2064
i
2 Uvanne YL. Curso July 20, 2018
Gordon Thomas Honeywell, LLP Date
3 Maggie Diefenbach, WSBA #31176
Yvonne M. Benson
WSBA #35322
,
4) Attorneys for Defendant Gneda
5
Awe
pelta2ol
of Mice C. Brown
Lacie Nelson, WSBA # 50262
8} Attomey for Defendant Husbands
9
10
Piedty: Leb, ke [De scang)
H. Darrow, }A. No. 16259,
Ze “le
Attorney for Plaintiff.
12
13
14
15
16
17
18
19
20
al
22
CONSENT TO ALLOW FIRST AMENDED COMPLAINT, P, 2 JohnH. Darrow, rat-Law
310 Third Ave. NE, Suite 116
Feagualy, wa 98027
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
JENNIFER IMMEL, MICHAEL RIEBS and )
COUNTESS ENTERPRISES, INC., a
Washington Corporation,
Plaintiffs,
10 NO. 18-2-09898-0 KNT
Vv
1 FIRST AMENDED COMPLAINT
SENA AND TIMOTHY
CAMARATA,
12 Wife and Husband, and
Their Marital Community, and
13 BOUREIMA GNEDA, and
TAYLOR HUSBANDS, ALLSTATE INSURANCE
14 COMPANY, JAMES RIVER INSURANCE
COMPANY and JANE DOE and JOHN DOE,
15 Wife and Husband, and
Their Marital Community,
16 Defendants.
17
Plaintiffs, by and through their undersigned attorney, alleges as follows:
18 1, PARTIES, JURISDICTION AND. VENUE
19 11 Plaintiffs JENNIFER IMMEL and MICHAEL RIEBS are currently, and at all times
20 material to this case, have been residents of King County, Washington.
12 Plaintiff COUNTESS ENTERPRISES, INC., is a Washington Corporation doing
21
business in King County, Washington.
22
FIRST AMENDED COMPLAINT, P. 1 John H. Darrow, Attorney-at-Law
310 Third Ave, NE, Suite 116
Issaquah, WA 98027
428-369-2064
1.2 Defendants SENA CAMARATA and TIMOTHY CAMARATA, at all times
material to this case, have been residents of, and formed a marital community in King County,
Washington. All of the acts and omissions of SENA CAMARATA, as alleged herein, were made
for the benefit of the CAMARATA marital community.
13 Defendants BOUREIMA GNEDA at all times material to this case, has been a
resident of King County, Washington.
14 Defendant TAYLOR HUSBANDS, at all times material to this case, has been a
resident of King County, Washington.
15 Plaintiffs believe the DOE Defendants, at all times material to this case, probably
were and still are residents of, and form a marital community in King County, Washington. All of
10 the acts and omissions.of JANE DOE, as alleged herein, were made for the benefit of the DOE
11 marital community.
12 1.6 Defendant ALLSTATE INSURANCE COMPANY is a foreign automobile insurer
that conducts business in King County, Washington. At all times material to this case, ALLSTATE
13
had in full force and effect an automobile insurance policy that provided insurance coverage,
14
including coverage for uninsured/underinsured motorist benefits, to Plaintiff Jennifer Immel.
15
1.7 Defendant JAMES RIVER INSURANCE COMPANY is a foreign automobile
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insurer that conducts business in King County, Washington. At all times material to this case,
17
JAMES RIVER had in full force and effect an automobile insurance policy that provided insurance
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coverage, including coverage for uninsured/underinsured niotorist benefits, to Plaintiff Jennifer
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Immel. The JAMES RIVER policy applied at all times when the ALLSTATE policy did not apply,
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specifically when Plaintiff Immel was not on the Uber app.
21
22
FIRST AMENDED COMPLAINT, P. 2 John H, Darrow, Attomey-at-Law
310 Third Ave. NE, Suite 116
Issaquah, WA 98027
425-369-2064
1.8 Plaintiff believes that none of the defendants is a member of the United States armed
forces, on active duty, though she has no information regarding the DOE Defendants, as that was a
hit-and-run accident and JANE DOE has not.been located.
Il. FACTS OF THE APRIL 28, 2015 COLLISION
21 On April 28, 2015, Plaintiff Immel was westbound on NW Sammamish Road in
Issaquah, Washington, waiting along with other cars at a red traffic light, when she was slammed
from behind by a car driven by one Nicholas Marinkovich, not a party to this case. Mr.
Marinkovich, headed the same direction, had been slammed from behind by Defendant Sena
Camarata, and shoved forward into Plaintiff Immel’s Volkswagen Jetta.
2.2 The resulting collision caused and proximately caused bodily injuries to Plaintiff
10 Immel, and other damages to all plaintiffs, in amounts to be proved at trial.
i Il. FACTS OF THE MAY 12, 2016 COLLISION
12 3.1 On May 12, 2016, Plaintiff Immel had been headed south on Pacific Highway South
and was tuming left onto the Kent-Des Moines Road, using the leftmost of the two left turn lanes.
13
She then headed easterly, along with other traffic at the green left turn lights from Pacific Highway
14
South. She had completed her.turm and was headed easterly on the Kent-Des Moines Road,
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traveling in the far left (northernmost) lane of the three lanes, when the collision happened.
16 Meanwhile, Defendant Boureima Gneda had been traveling north on Pacific Highway South, and
17 decided to tum right onto the eastbound section of the Kent-Des Moines Road. After completing
18 his turn, he decided to change lanes from the far right (southernmost) lane of the three lanes, to the
19 one two lanes to the left of him. In doing so, he collided with Plaintiff Immel’s Audi A6, slamming
it into the guard rail.
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3,2 The resulting collision caused and proximately caused bodily injuries to Plaintiff
21
Immel, and other damages to all plaintiffs, in amounts to be proved at trial.
22
FIRST AMENDED COMPLAINT, P. 3 John H. Darrow, Attorney-at-Law:
310 Third Ave. NE, Suite 116
Issaquah, WA 98027
425-369-2064
IV. FACTS OF THE FEBRUARY 16, 2017 COLLISION
4.1 On February 16, 2017, Plaintiff Immel was turning onto the 1-5 on-ramp, near
Spring Street and Sixth Avenue, in Seattle, when Defendant Jane Doe drove in front of her and hit
the front driver’s side of her car, an Audi A6. The driver of the at-fault vehicle, Jane Doe, left the
scene, and despite attempting to stop her, Plaintiff Immel was unable to do so.
4.2 The resulting collision caused no bodily injuries to Plaintiff Immel, but did cause
other damages to all plaintiffs, in amounts to be proved at trial.
43 At the time of the 2/16/17 hit-and-run collision, Plaintiff Immel had completed an.
Uber drive and was on her way home. She does not know if she was on the Uber app at the time or
not.
10 4.4 At the time of the collision, the owner of the Audi A6, Plaintiff Riebs, had insurance
11 through Allstate, though if Plaintiff Immel was on the Uber app at the time of the collision, the
12 coverage was through Uber’s carrier, James River. Whichever was the case, there was an
uninsured/underinsured motorist (UM/UIM) policy in effect, either through Allstate or through
13
James River.
14
V. FACTS OF THE JULY 12, 2017 COLLISION
15
3.1 On July 12, 2017, Plaintiff Immel was driving west on SR 518, in slow-and-go
16 traffic, when traffic slowed in front of her. Plaintiff Immel also slowed, but Defendant Taylor
17 Husbands failed to slow, and slammed into Plaintiff lmmel’s Audi AS.
18 5.2 The resulting collision caused and proximately caused bodily injuries to Plaintiff
Immel, and other damages to all plaintiffs, in amounts to be proved at trial.
19
20 VI. NEGLIGENCE OF DEFENDANT SENA CAMARATA (APRIL 28, 2015)
21 6.1 Deferidant SENA.CAMARATA owed. Plaintiffs a common law duty to drive
22 attentively, to avoid driving too fast for conditions, to maintain control of her vehicle, to avoid
FIRST AMENDED COMPLAINT, P. 4 John H, Dartow, Attoraey-at-Law
310 Third Ave, NE, Suite 116
Issaquah, WA 98027
425-369-2064
following too closely behind other vehicles, and.to operate her vehicle in a safe and reasonable
manner,
6.2 Defendant SENA CAMARATA also owed Plaintiffs a statutory duty under RCW
46 to obey the rules of the road, to drive attentively, to avoid driving too fast for conditions, to
maintain control of her vehicle, to avoid following too closely, and to operate her vehicle in a safe
and reasonable manner.
63 Defendant SENA CAMARATA breached those common law and statutory duties
by failing to drive attentively, by driving too fast for conditions, by failing to maintain control of her
vehicle, by following too closely, and by. failing to operate her vehicle in a safe and reasonable
10 Ianner,
11 64 Defendant SENA CAMARATA’s breach of her common law and statutory duties of
12 care caused and proximately caused the collision which resulted in damages to Plaintiffs,
13 6.5 As a direct and proximate result of Defendant SENA CAMARATA’s negligent
14 and illegal conduct alleged herein, Plaintiff Immel suffered bodily harm and suffered damages,
15 including without limitation, physical injuries, physical and mental pain and suffering, fear,
16 anxiety, emotional distress, loss of enjoyment of life, property damage, credit damage,
17 insurability damage, loss of income and earning capacity, and medical expenses, all in amounts
18 to be proved at trial.
19 6.6 As a direct and proximate result of Defendant SENA CAMARATA’s negligent
20 and illegal conduct alleged herein, Plaintiff Riebs sustained damages, including without
2l limitation, property damage, credit damage, insurability damage and loss of revenue.
22
FIRST AMENDED COMPLAINT, P. 5 John H, Darrow, Attomey-at-Law
310 Third Ave. NE, Suite 116
Issaquah, WA 98027
425-369-2064
6.7 As a direct and proximate tesult of Defendant SENA CAMARATA’s negligent
and illegal conduct alleged herein, Plaintiff Countess sustained damages, including without
limitation, property damage, credit damage, insurability damage and loss of revenue.
6.8 Plaintiff Immel is entitled to prejudgment interest on all health care costs incurred
because of Defendant SENA CAMARATA’s negligent and illegal conduct alleged herein.
6.9 Plaintiffs are entitled to costs and disbursements herein against the CAMARATA
Defendants.
Vil. NEGLIGENCE OF DEFENDANT BOUREIMA GNEDA (MAY 12, 2016)
TA Defendant BOUREIMA GNEDA owed Plaintiffs a common law duty to drive
10 attentively, to avoid driving into another lane that was already occupied at that location, to maintain
il control of his vehicle, and to operate his vehicle in a safe and reasonable manner.
12 7.2 Defendant BOUREIMA GNEDA also owed Plaintiffs a statutory duty under RCW
13 46 to obey the rules of the road, to drive attentively, to avoid illegal ane changes, to maintain
14 control of his vehicle,.and to operate his vehicle in a safe and reasonable manner,
15 73 Defendant BOUREIMA GNEDA breached those common law and statutory duties
16 by failing to drive attentively, by making an illegal lane change, by failing to maintain control of his
17 vehicle, and by failing to operate his vehicle in a safe arid reasonable manner.
18 7A Defendant BOUREIMA GNEDA’s breach of his common law and statutory duties
19 of care caused and proximately caused the collision which resulted in damages to Plaintiffs,
20 75 As a direct and proximate result of Defendant BOUREIMA GNEDA’s negligent
21 and illegal conduct alleged herein, Plaintiff Immel suffered bodily harm and sustained damages,
22 including without limitation, physical injuries, physical-and mental pain and suffering, fear,
FIRST AMENDED COMPLAINT, P. 6 John H, Darrow, Attomey-at-Law
310 Third Ave, NE, Suite 116
Issaquah, WA 98027
425-369-2064
anxiety, emotional distress, loss of enjoyment of life, property damage, credit damage,
insurability damage, loss of income and earning capacity, and medical expenses, all in amounts
to be proved at trial.
76 Asa direct and proximate result of Defendant BOUREIMA GNEDA’s negligent
and illegal conduct alleged herein, Plaintiff Riebs sustained damages, including without
limitation, property damage, credit damage, insurability damage and loss of revenue.
V7 As a direct and proximate result of Defendant BOUREIMA GNEDA’s negligent
and illegal conduct alleged herein, Plaintiff Countess sustained damages, including without
limitation, property damage, credit damage, insurability damage and loss of revenue.
10 78 Plaintiff Immel is entitled to prejudgment interest on all health care costs incutred
ll because of Defendant BOUREIMA GNEDA’s negligent and illegal conduct alleged herein.
12 79 Plaintiffs are entitled to costs and disbursements herein against Defendant
13 BOUREIMA GNEDA.
14 VIN. NEGLIGENCE OF DEFENDANT JANE DOE (FEBRUARY 16, 2017)
15 8.1 Defendant JANE DOE owed Plaintiffs a common law duty to drive attentively, to
16 avoid driving too fast for conditions, to maintain control of her vehicle, to avoid cutting in front of
17 other vehicles, to operate her vehicle in a safe and reasonable manner, and to avoid leaving the
18 scene of an accident.
19 8.2 Defendant JANE DOE also owed Plaintiffs a statutory duty under RCW 46 to obey
20 the rules of the road, to drive attentively, to avoid driving too fast for conditions, to maintain control
at of her vehicle, to avoid cutting in front of other vehicles, to operate her vehicle in a safe and
22 reasonable manner, and to avoid leaving the scene of an accident.
FIRST AMENDED COMPLAINT, P.-7 John H, Darrow, Atiomey-at-Law
310 Third Ave, NE, Suite 116
Issaquah, WA 98027
425-369-2064
8.3 Defendant JANE DOE breached those common law and statutory duties by failing
to drive attentively, by driving too fast for conditions, by failing to maintain control of her vehicle,
by cutting in front of Plaintif Immel, by failing to operate her vehicle in a safe and reasonable
manner, and by leaving the scene of the accident.
84 Defendant JANE DOE’s breach of her common law and statutory duties of care
caused and proximately caused the collision which resulted in damages to Plaintiffs.
8.5 As a direct and proximate result of Defendant JANE DOE’s negligent and illegal
conduct alleged herein, Plaintiff Immel sustained damages, including without limitation, fear,
anxiety, emotional distress, credit damage, insurability damage, and loss of income and earning
10 capacity, all in amounts to be proved at trial.
11 8.6 As a direct and proximate result of Defendant JANE DOE’s negligent and illegal
12 conduct alleged herein, Plaintiff Riebs sustained damages, including without limitation, credit
13 damage, insurability damage and loss of revenue.
14 8.7 As a direct and proximate result of Defendant JANE DOE’s negligent and illegal
15 conduct alleged herein, Plaintiff Countess sustained damages, including without limitation,
16 credit damage, insurability damage and loss of revenue.
17 8.8 Plaintiffs are entitled to costs and disbursements herein against the DOE
18 Defendants.
19 IX. LIABILITY OF UNINSURED MOTORIST INSURANCE COMPANY
ALLSTATE OR JAMES RIVER
20
91 Plaintiff Riebs and ALLSTATE INSURANCE COMPANY entered into a written
2
agreement (policy) to pay insurance benefits in the event of an automobile collision, which policy
22
FIRST AMENDED COMPLAINT, P. 8 John H. Darrow, Attorney-at-Law
310 Third Ave, NE, Suite 116
Issaquah, WA 98027
425-369-2064
included Plaintiff Immel as an insured person.
9.2 If Plaintiff Immel was on the Uber app at the time of the collision (which she does
not know), Uber provides insurance through its company, JAMES RIVER INSURANCE
COMPANY, which provides the same coverage as the ALLSTATE policy in effect at the time.
9.3 Under the terms of the ALLSTATE policy, Plaintiffs are entitled to recover benefits,
including UM/UIM benefits, from. ALLSTATE or from JAMES RIVER, for the damages they
sustained in the February 16, 2016 collision.
9.4 Under Washington law, the carrier providing the uninsured motorist coverage,
whether that is ALLSTATE or JAMES RIVER, “stands in the shoes of” Defendant Jane Doe, who,
10 as a practical matter, is an uninsured motorist. Under its UM/UIM policy, either ALLSTATE or
11 JAMES RIVER is liable for and required to pay for the damages to plaintiffs that were caused by
12 Defendant Jane Doe.
13 X. NEGLIGENCE OF DEFENDANT TAYLOR HUSBANDS (JULY 12, 2017)
14 10.1 Defendant TAYLOR HUSBANDS owed Plaintiffs a common law duty to drive
15 attentively, to avoid driving too fast for conditions, to. maintain control of her vehicle, to avoid
16 following too closely behind other vehicles, and to operate her vehicle in a safe and reasonable
17 manner,
18 10.2 Defendant TAYLOR HUSBANDS also owed Plaintiffs a statutory duty under RCW
19 46 to obey the rules of the road, to drive attentively, to avoid driving too fast for. conditions, to
20 maintain control of her vehicle, to avoid following’ too closely, and to operate her vehicle in a safe
21 and reasonable manner.
22
FIRST AMENDED COMPLAINT, P, 9 John H, Dartow, Attomey-at-Law
310 Third Ave. NE, Suite 116
Issaquah, WA 98027
425-369-2064
10.3 Defendant TAYLOR HUSBANDS breached those common law and statutory duties
by failing to drive attentively, by driving too fast for conditions, by failing to maintain control of her
vehicle, by following too closely, and by failing to operate her vehicle in a safe and reasonable
manner,
10.4 Defendant TAYLOR HUSBANDS’ breach of her common law and statutory duties
of care caused and proximately caused the collision which resulted in damages to Plaintiffs.
10.5 As a direct and proximate result of Defendant TAYLOR HUSBANDS’ negligent
and illegal conduct alleged herein, Plaintiff Immel suffered bodily harm and sustained damages,
including without limitation, physical injuries, physical and mental pain and suffering, fear,
10 anxiety, emotional distress, loss of enjoyment of life, property damage, credit damage,
11 insurability damage, loss of income and earning capacity, and medical expenses, all in amounts
12 to be proved at trial.
13 10.6 Asa direct and proximate result of Defendant TAYLOR HUSBANDS’ negligent
i4 and illegal conduct alleged herein, Plaintiff Riebs sustained damages, including without
15 limitation, property damage, credit damage, insurability damage and loss of revenue.
16 10.7 Asa direct and proximate result of Defendant TAYLOR HUSBANDS’ negligent
17 and illegal conduct alleged herein, Plaintiff Countess sustained damages, including without
18 limitation, property damage, credit damage, insurability damage and loss of revenue.
19 10.8 — Plaintiff'Immel is entitled to prejudgment interest on all health care costs incurred
20 because of Defendant TAYLOR HUSBANDS?’ negligent and illegal conduct alleged herein.
21 10.9 Plaintiffs are entitled to costs and disbursements herein against Defendant
22 TAYLOR HUSBANDS.
FIRST AMENDED COMPLAINT, P, 10 John H. Darrow, Atiorney-at-Law
310 Third Ave, NE, Suite 116
Issaquah, WA 98027
425-369-2064
IX. LIMITED PHYSICIAN/PATIENT WAIVER
Plaintiff Immel hereby waives the physician-patient privilege ONLY to the extent required
by law, and subject to her constitutional and statutory rights of privacy, and the ethical obligation of
physicians and attorneys not to engage in ex parte contact between a treating physician and the
patient's legal adversaries,
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendants and their MARITAL
COMMUNITIES, jointly and severally, in an amount that will compensate them for all damages
sustained on account of the April 28, 2015, May 12, 2016, February 16, 2017 and July 12, 2017
collisions. Said damages include, without limitation:
10 a. Past and future pain and suffering, both mental and physical;
il b Emotional trauma and stress;
12 Health care expenses, past and future: .>
13 Loss of income and earning capacity;
14 Loss of enjoyment of life;
15 Property damage;
16 Credit damage;
17 Insurability damage;
18 Loss of revenue;
19 Attorney’s fees and costs;
20 Interest on health care expenses, calculated at the maximum amount allowable by
law, including prejudgment interest;
21
Such other relief as the Court deems reasonable and just.
22
FIRST AMENDED COMPLAINT, P. {1 John H, Darrow, Attorney-at-Law
310 Third Ave. NE, Suite 116
Issaquah, WA 98027
425-369-2064
1; DATED at Issaquah, Washington, this Z Y “a of July, 2018.
2
By: (lok, UD nica)
3 Jéhn H. Darrow, WSBA No. 16259,
Attorney for Plaintiffs
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FIRST AMENDED COMPLAINT, P. 12 John H, Darrow, Attomey-at-Law
310 Third Ave, NE, Suite 116
Issaquah, WA 98027
425-369-2064
Preview
FILED 18) UL 24 PM 1:58 The Hononabieclenst'Helson | SUPERIOR COURT CLERK | E-FILED CASE NUMBER: 18-2-09898-0 KHT 6 IN THE SUPERIOR COURT OF THE STATE.OF WAS 7 HINGTON IN AN FORDTHE COUNTY OF KING 8] JENNIFER IMMEL, Plaintiff, 9 NO. 18-2-09898-9 KNT vs 10} CONSENT:.TO ALLOW | SENA AND TIMOTHY CAMARATA, AMENDMENT OF COMPLAINT 11] Wife and Husband, and Their Marital Community, and 12}°GNEDA AND JANE DOE BOUREIMA, ‘| Husband and Wife, and 13] Their Marital Community, and TAYLOR AND JOHN DOR HUSBANDS, 14| Wife and Husband, and Their Marital Community, 15 Defendants. 16}, Defendants CAMARATA, GNEDA (mistakenly listed as BOUREIMA ) and HUSBANDS, 17! by and through their counsel of record, pursuantto CR 15(@), hereby consent to allow Plaintiffto 18 amend the Complaint by filing the First Amended Complaint; a true and. correct copy of whieh is 9 attached hereto, 20. a1} Bradley 0. Bevis WSBA #20764 Caner ally (ig Meredith A. Sawyer, WSBA #33793 2 Attomeys for Defendants Camarata CONSENT TO ALLOW. FIRST AMENDED COMPLAINT, P. 1 tohn H. Darrow, Attorey-at-Law 310 Third-Ave. NE, Suite 116 Issaquah, WA 98027 425-369-2064 i 2 Uvanne YL. Curso July 20, 2018 Gordon Thomas Honeywell, LLP Date 3 Maggie Diefenbach, WSBA #31176 Yvonne M. Benson WSBA #35322 , 4) Attorneys for Defendant Gneda 5 Awe pelta2ol of Mice C. Brown Lacie Nelson, WSBA # 50262 8} Attomey for Defendant Husbands 9 10 Piedty: Leb, ke [De scang) H. Darrow, }A. No. 16259, Ze “le Attorney for Plaintiff. 12 13 14 15 16 17 18 19 20 al 22 CONSENT TO ALLOW FIRST AMENDED COMPLAINT, P, 2 JohnH. Darrow, rat-Law 310 Third Ave. NE, Suite 116 Feagualy, wa 98027 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING JENNIFER IMMEL, MICHAEL RIEBS and ) COUNTESS ENTERPRISES, INC., a Washington Corporation, Plaintiffs, 10 NO. 18-2-09898-0 KNT Vv 1 FIRST AMENDED COMPLAINT SENA AND TIMOTHY CAMARATA, 12 Wife and Husband, and Their Marital Community, and 13 BOUREIMA GNEDA, and TAYLOR HUSBANDS, ALLSTATE INSURANCE 14 COMPANY, JAMES RIVER INSURANCE COMPANY and JANE DOE and JOHN DOE, 15 Wife and Husband, and Their Marital Community, 16 Defendants. 17 Plaintiffs, by and through their undersigned attorney, alleges as follows: 18 1, PARTIES, JURISDICTION AND. VENUE 19 11 Plaintiffs JENNIFER IMMEL and MICHAEL RIEBS are currently, and at all times 20 material to this case, have been residents of King County, Washington. 12 Plaintiff COUNTESS ENTERPRISES, INC., is a Washington Corporation doing 21 business in King County, Washington. 22 FIRST AMENDED COMPLAINT, P. 1 John H. Darrow, Attorney-at-Law 310 Third Ave, NE, Suite 116 Issaquah, WA 98027 428-369-2064 1.2 Defendants SENA CAMARATA and TIMOTHY CAMARATA, at all times material to this case, have been residents of, and formed a marital community in King County, Washington. All of the acts and omissions of SENA CAMARATA, as alleged herein, were made for the benefit of the CAMARATA marital community. 13 Defendants BOUREIMA GNEDA at all times material to this case, has been a resident of King County, Washington. 14 Defendant TAYLOR HUSBANDS, at all times material to this case, has been a resident of King County, Washington. 15 Plaintiffs believe the DOE Defendants, at all times material to this case, probably were and still are residents of, and form a marital community in King County, Washington. All of 10 the acts and omissions.of JANE DOE, as alleged herein, were made for the benefit of the DOE 11 marital community. 12 1.6 Defendant ALLSTATE INSURANCE COMPANY is a foreign automobile insurer that conducts business in King County, Washington. At all times material to this case, ALLSTATE 13 had in full force and effect an automobile insurance policy that provided insurance coverage, 14 including coverage for uninsured/underinsured motorist benefits, to Plaintiff Jennifer Immel. 15 1.7 Defendant JAMES RIVER INSURANCE COMPANY is a foreign automobile 16 insurer that conducts business in King County, Washington. At all times material to this case, 17 JAMES RIVER had in full force and effect an automobile insurance policy that provided insurance 18 coverage, including coverage for uninsured/underinsured niotorist benefits, to Plaintiff Jennifer 19 Immel. The JAMES RIVER policy applied at all times when the ALLSTATE policy did not apply, 20 specifically when Plaintiff Immel was not on the Uber app. 21 22 FIRST AMENDED COMPLAINT, P. 2 John H, Darrow, Attomey-at-Law 310 Third Ave. NE, Suite 116 Issaquah, WA 98027 425-369-2064 1.8 Plaintiff believes that none of the defendants is a member of the United States armed forces, on active duty, though she has no information regarding the DOE Defendants, as that was a hit-and-run accident and JANE DOE has not.been located. Il. FACTS OF THE APRIL 28, 2015 COLLISION 21 On April 28, 2015, Plaintiff Immel was westbound on NW Sammamish Road in Issaquah, Washington, waiting along with other cars at a red traffic light, when she was slammed from behind by a car driven by one Nicholas Marinkovich, not a party to this case. Mr. Marinkovich, headed the same direction, had been slammed from behind by Defendant Sena Camarata, and shoved forward into Plaintiff Immel’s Volkswagen Jetta. 2.2 The resulting collision caused and proximately caused bodily injuries to Plaintiff 10 Immel, and other damages to all plaintiffs, in amounts to be proved at trial. i Il. FACTS OF THE MAY 12, 2016 COLLISION 12 3.1 On May 12, 2016, Plaintiff Immel had been headed south on Pacific Highway South and was tuming left onto the Kent-Des Moines Road, using the leftmost of the two left turn lanes. 13 She then headed easterly, along with other traffic at the green left turn lights from Pacific Highway 14 South. She had completed her.turm and was headed easterly on the Kent-Des Moines Road, 15 traveling in the far left (northernmost) lane of the three lanes, when the collision happened. 16 Meanwhile, Defendant Boureima Gneda had been traveling north on Pacific Highway South, and 17 decided to tum right onto the eastbound section of the Kent-Des Moines Road. After completing 18 his turn, he decided to change lanes from the far right (southernmost) lane of the three lanes, to the 19 one two lanes to the left of him. In doing so, he collided with Plaintiff Immel’s Audi A6, slamming it into the guard rail. 20 3,2 The resulting collision caused and proximately caused bodily injuries to Plaintiff 21 Immel, and other damages to all plaintiffs, in amounts to be proved at trial. 22 FIRST AMENDED COMPLAINT, P. 3 John H. Darrow, Attorney-at-Law: 310 Third Ave. NE, Suite 116 Issaquah, WA 98027 425-369-2064 IV. FACTS OF THE FEBRUARY 16, 2017 COLLISION 4.1 On February 16, 2017, Plaintiff Immel was turning onto the 1-5 on-ramp, near Spring Street and Sixth Avenue, in Seattle, when Defendant Jane Doe drove in front of her and hit the front driver’s side of her car, an Audi A6. The driver of the at-fault vehicle, Jane Doe, left the scene, and despite attempting to stop her, Plaintiff Immel was unable to do so. 4.2 The resulting collision caused no bodily injuries to Plaintiff Immel, but did cause other damages to all plaintiffs, in amounts to be proved at trial. 43 At the time of the 2/16/17 hit-and-run collision, Plaintiff Immel had completed an. Uber drive and was on her way home. She does not know if she was on the Uber app at the time or not. 10 4.4 At the time of the collision, the owner of the Audi A6, Plaintiff Riebs, had insurance 11 through Allstate, though if Plaintiff Immel was on the Uber app at the time of the collision, the 12 coverage was through Uber’s carrier, James River. Whichever was the case, there was an uninsured/underinsured motorist (UM/UIM) policy in effect, either through Allstate or through 13 James River. 14 V. FACTS OF THE JULY 12, 2017 COLLISION 15 3.1 On July 12, 2017, Plaintiff Immel was driving west on SR 518, in slow-and-go 16 traffic, when traffic slowed in front of her. Plaintiff Immel also slowed, but Defendant Taylor 17 Husbands failed to slow, and slammed into Plaintiff lmmel’s Audi AS. 18 5.2 The resulting collision caused and proximately caused bodily injuries to Plaintiff Immel, and other damages to all plaintiffs, in amounts to be proved at trial. 19 20 VI. NEGLIGENCE OF DEFENDANT SENA CAMARATA (APRIL 28, 2015) 21 6.1 Deferidant SENA.CAMARATA owed. Plaintiffs a common law duty to drive 22 attentively, to avoid driving too fast for conditions, to maintain control of her vehicle, to avoid FIRST AMENDED COMPLAINT, P. 4 John H, Dartow, Attoraey-at-Law 310 Third Ave, NE, Suite 116 Issaquah, WA 98027 425-369-2064 following too closely behind other vehicles, and.to operate her vehicle in a safe and reasonable manner, 6.2 Defendant SENA CAMARATA also owed Plaintiffs a statutory duty under RCW 46 to obey the rules of the road, to drive attentively, to avoid driving too fast for conditions, to maintain control of her vehicle, to avoid following too closely, and to operate her vehicle in a safe and reasonable manner. 63 Defendant SENA CAMARATA breached those common law and statutory duties by failing to drive attentively, by driving too fast for conditions, by failing to maintain control of her vehicle, by following too closely, and by. failing to operate her vehicle in a safe and reasonable 10 Ianner, 11 64 Defendant SENA CAMARATA’s breach of her common law and statutory duties of 12 care caused and proximately caused the collision which resulted in damages to Plaintiffs, 13 6.5 As a direct and proximate result of Defendant SENA CAMARATA’s negligent 14 and illegal conduct alleged herein, Plaintiff Immel suffered bodily harm and suffered damages, 15 including without limitation, physical injuries, physical and mental pain and suffering, fear, 16 anxiety, emotional distress, loss of enjoyment of life, property damage, credit damage, 17 insurability damage, loss of income and earning capacity, and medical expenses, all in amounts 18 to be proved at trial. 19 6.6 As a direct and proximate result of Defendant SENA CAMARATA’s negligent 20 and illegal conduct alleged herein, Plaintiff Riebs sustained damages, including without 2l limitation, property damage, credit damage, insurability damage and loss of revenue. 22 FIRST AMENDED COMPLAINT, P. 5 John H, Darrow, Attomey-at-Law 310 Third Ave. NE, Suite 116 Issaquah, WA 98027 425-369-2064 6.7 As a direct and proximate tesult of Defendant SENA CAMARATA’s negligent and illegal conduct alleged herein, Plaintiff Countess sustained damages, including without limitation, property damage, credit damage, insurability damage and loss of revenue. 6.8 Plaintiff Immel is entitled to prejudgment interest on all health care costs incurred because of Defendant SENA CAMARATA’s negligent and illegal conduct alleged herein. 6.9 Plaintiffs are entitled to costs and disbursements herein against the CAMARATA Defendants. Vil. NEGLIGENCE OF DEFENDANT BOUREIMA GNEDA (MAY 12, 2016) TA Defendant BOUREIMA GNEDA owed Plaintiffs a common law duty to drive 10 attentively, to avoid driving into another lane that was already occupied at that location, to maintain il control of his vehicle, and to operate his vehicle in a safe and reasonable manner. 12 7.2 Defendant BOUREIMA GNEDA also owed Plaintiffs a statutory duty under RCW 13 46 to obey the rules of the road, to drive attentively, to avoid illegal ane changes, to maintain 14 control of his vehicle,.and to operate his vehicle in a safe and reasonable manner, 15 73 Defendant BOUREIMA GNEDA breached those common law and statutory duties 16 by failing to drive attentively, by making an illegal lane change, by failing to maintain control of his 17 vehicle, and by failing to operate his vehicle in a safe arid reasonable manner. 18 7A Defendant BOUREIMA GNEDA’s breach of his common law and statutory duties 19 of care caused and proximately caused the collision which resulted in damages to Plaintiffs, 20 75 As a direct and proximate result of Defendant BOUREIMA GNEDA’s negligent 21 and illegal conduct alleged herein, Plaintiff Immel suffered bodily harm and sustained damages, 22 including without limitation, physical injuries, physical-and mental pain and suffering, fear, FIRST AMENDED COMPLAINT, P. 6 John H, Darrow, Attomey-at-Law 310 Third Ave, NE, Suite 116 Issaquah, WA 98027 425-369-2064 anxiety, emotional distress, loss of enjoyment of life, property damage, credit damage, insurability damage, loss of income and earning capacity, and medical expenses, all in amounts to be proved at trial. 76 Asa direct and proximate result of Defendant BOUREIMA GNEDA’s negligent and illegal conduct alleged herein, Plaintiff Riebs sustained damages, including without limitation, property damage, credit damage, insurability damage and loss of revenue. V7 As a direct and proximate result of Defendant BOUREIMA GNEDA’s negligent and illegal conduct alleged herein, Plaintiff Countess sustained damages, including without limitation, property damage, credit damage, insurability damage and loss of revenue. 10 78 Plaintiff Immel is entitled to prejudgment interest on all health care costs incutred ll because of Defendant BOUREIMA GNEDA’s negligent and illegal conduct alleged herein. 12 79 Plaintiffs are entitled to costs and disbursements herein against Defendant 13 BOUREIMA GNEDA. 14 VIN. NEGLIGENCE OF DEFENDANT JANE DOE (FEBRUARY 16, 2017) 15 8.1 Defendant JANE DOE owed Plaintiffs a common law duty to drive attentively, to 16 avoid driving too fast for conditions, to maintain control of her vehicle, to avoid cutting in front of 17 other vehicles, to operate her vehicle in a safe and reasonable manner, and to avoid leaving the 18 scene of an accident. 19 8.2 Defendant JANE DOE also owed Plaintiffs a statutory duty under RCW 46 to obey 20 the rules of the road, to drive attentively, to avoid driving too fast for conditions, to maintain control at of her vehicle, to avoid cutting in front of other vehicles, to operate her vehicle in a safe and 22 reasonable manner, and to avoid leaving the scene of an accident. FIRST AMENDED COMPLAINT, P.-7 John H, Darrow, Atiomey-at-Law 310 Third Ave, NE, Suite 116 Issaquah, WA 98027 425-369-2064 8.3 Defendant JANE DOE breached those common law and statutory duties by failing to drive attentively, by driving too fast for conditions, by failing to maintain control of her vehicle, by cutting in front of Plaintif Immel, by failing to operate her vehicle in a safe and reasonable manner, and by leaving the scene of the accident. 84 Defendant JANE DOE’s breach of her common law and statutory duties of care caused and proximately caused the collision which resulted in damages to Plaintiffs. 8.5 As a direct and proximate result of Defendant JANE DOE’s negligent and illegal conduct alleged herein, Plaintiff Immel sustained damages, including without limitation, fear, anxiety, emotional distress, credit damage, insurability damage, and loss of income and earning 10 capacity, all in amounts to be proved at trial. 11 8.6 As a direct and proximate result of Defendant JANE DOE’s negligent and illegal 12 conduct alleged herein, Plaintiff Riebs sustained damages, including without limitation, credit 13 damage, insurability damage and loss of revenue. 14 8.7 As a direct and proximate result of Defendant JANE DOE’s negligent and illegal 15 conduct alleged herein, Plaintiff Countess sustained damages, including without limitation, 16 credit damage, insurability damage and loss of revenue. 17 8.8 Plaintiffs are entitled to costs and disbursements herein against the DOE 18 Defendants. 19 IX. LIABILITY OF UNINSURED MOTORIST INSURANCE COMPANY ALLSTATE OR JAMES RIVER 20 91 Plaintiff Riebs and ALLSTATE INSURANCE COMPANY entered into a written 2 agreement (policy) to pay insurance benefits in the event of an automobile collision, which policy 22 FIRST AMENDED COMPLAINT, P. 8 John H. Darrow, Attorney-at-Law 310 Third Ave, NE, Suite 116 Issaquah, WA 98027 425-369-2064 included Plaintiff Immel as an insured person. 9.2 If Plaintiff Immel was on the Uber app at the time of the collision (which she does not know), Uber provides insurance through its company, JAMES RIVER INSURANCE COMPANY, which provides the same coverage as the ALLSTATE policy in effect at the time. 9.3 Under the terms of the ALLSTATE policy, Plaintiffs are entitled to recover benefits, including UM/UIM benefits, from. ALLSTATE or from JAMES RIVER, for the damages they sustained in the February 16, 2016 collision. 9.4 Under Washington law, the carrier providing the uninsured motorist coverage, whether that is ALLSTATE or JAMES RIVER, “stands in the shoes of” Defendant Jane Doe, who, 10 as a practical matter, is an uninsured motorist. Under its UM/UIM policy, either ALLSTATE or 11 JAMES RIVER is liable for and required to pay for the damages to plaintiffs that were caused by 12 Defendant Jane Doe. 13 X. NEGLIGENCE OF DEFENDANT TAYLOR HUSBANDS (JULY 12, 2017) 14 10.1 Defendant TAYLOR HUSBANDS owed Plaintiffs a common law duty to drive 15 attentively, to avoid driving too fast for conditions, to. maintain control of her vehicle, to avoid 16 following too closely behind other vehicles, and to operate her vehicle in a safe and reasonable 17 manner, 18 10.2 Defendant TAYLOR HUSBANDS also owed Plaintiffs a statutory duty under RCW 19 46 to obey the rules of the road, to drive attentively, to avoid driving too fast for. conditions, to 20 maintain control of her vehicle, to avoid following’ too closely, and to operate her vehicle in a safe 21 and reasonable manner. 22 FIRST AMENDED COMPLAINT, P, 9 John H, Dartow, Attomey-at-Law 310 Third Ave. NE, Suite 116 Issaquah, WA 98027 425-369-2064 10.3 Defendant TAYLOR HUSBANDS breached those common law and statutory duties by failing to drive attentively, by driving too fast for conditions, by failing to maintain control of her vehicle, by following too closely, and by failing to operate her vehicle in a safe and reasonable manner, 10.4 Defendant TAYLOR HUSBANDS’ breach of her common law and statutory duties of care caused and proximately caused the collision which resulted in damages to Plaintiffs. 10.5 As a direct and proximate result of Defendant TAYLOR HUSBANDS’ negligent and illegal conduct alleged herein, Plaintiff Immel suffered bodily harm and sustained damages, including without limitation, physical injuries, physical and mental pain and suffering, fear, 10 anxiety, emotional distress, loss of enjoyment of life, property damage, credit damage, 11 insurability damage, loss of income and earning capacity, and medical expenses, all in amounts 12 to be proved at trial. 13 10.6 Asa direct and proximate result of Defendant TAYLOR HUSBANDS’ negligent i4 and illegal conduct alleged herein, Plaintiff Riebs sustained damages, including without 15 limitation, property damage, credit damage, insurability damage and loss of revenue. 16 10.7 Asa direct and proximate result of Defendant TAYLOR HUSBANDS’ negligent 17 and illegal conduct alleged herein, Plaintiff Countess sustained damages, including without 18 limitation, property damage, credit damage, insurability damage and loss of revenue. 19 10.8 — Plaintiff'Immel is entitled to prejudgment interest on all health care costs incurred 20 because of Defendant TAYLOR HUSBANDS?’ negligent and illegal conduct alleged herein. 21 10.9 Plaintiffs are entitled to costs and disbursements herein against Defendant 22 TAYLOR HUSBANDS. FIRST AMENDED COMPLAINT, P, 10 John H. Darrow, Atiorney-at-Law 310 Third Ave, NE, Suite 116 Issaquah, WA 98027 425-369-2064 IX. LIMITED PHYSICIAN/PATIENT WAIVER Plaintiff Immel hereby waives the physician-patient privilege ONLY to the extent required by law, and subject to her constitutional and statutory rights of privacy, and the ethical obligation of physicians and attorneys not to engage in ex parte contact between a treating physician and the patient's legal adversaries, PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against Defendants and their MARITAL COMMUNITIES, jointly and severally, in an amount that will compensate them for all damages sustained on account of the April 28, 2015, May 12, 2016, February 16, 2017 and July 12, 2017 collisions. Said damages include, without limitation: 10 a. Past and future pain and suffering, both mental and physical; il b Emotional trauma and stress; 12 Health care expenses, past and future: .> 13 Loss of income and earning capacity; 14 Loss of enjoyment of life; 15 Property damage; 16 Credit damage; 17 Insurability damage; 18 Loss of revenue; 19 Attorney’s fees and costs; 20 Interest on health care expenses, calculated at the maximum amount allowable by law, including prejudgment interest; 21 Such other relief as the Court deems reasonable and just. 22 FIRST AMENDED COMPLAINT, P. {1 John H, Darrow, Attorney-at-Law 310 Third Ave. NE, Suite 116 Issaquah, WA 98027 425-369-2064 1; DATED at Issaquah, Washington, this Z Y “a of July, 2018. 2 By: (lok, UD nica) 3 Jéhn H. Darrow, WSBA No. 16259, Attorney for Plaintiffs 10 11 12 13 14 15 16 17 18 19 20 21 22 FIRST AMENDED COMPLAINT, P. 12 John H, Darrow, Attomey-at-Law 310 Third Ave, NE, Suite 116 Issaquah, WA 98027 425-369-2064