E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON August 01 : AM 1 KEVIN STOCK COUNTY CLERK NO: --0-1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE EARL ROSKIE, Personal Representative of the ESTATE OF MADELINE ROSKIE, No. v. Plaintiff, PUGET SOUND ENERGY, INC., a Washington corporation; and JOHN DOES #1-, fictitious names for unidentified persons, Defendants. COMPLAINT FOR WRONGFUL DEATH, PERSONAL INJURY AND NUISANCE I. PARTIES & JURISDICTION 1.1. Madeline Roskie was a resident of Pierce County, Washington. This action is brought on her behalf by her father and Personal Representative, Earl Roskie. He resides in Pierce County, Washington. 1.. Defendant Puget Sound Energy, Inc. ( PSE ) is a Washington State corporation doing business in several counties, including Pierce County, Washington. 1.. John Doe #1 is the as yet unidentified owner or lessee of a pump and/or irrigation pipe located on the west side of the Puyallup River, south of th St. E. at approximately the 00 Block. INJURY AND NUISANCE 1.docx
1.. John Doe # is the owner of the land on which the above-described pump and irrigation pipe is located. 1.. John Doe # is the person or entity responsible for maintenance of the abovedescribed pump and irrigation pipe in a safe condition. 1.. John Doe # is the person or entity that benefits from the operation of the pump and irrigation pump described above. 1.. Jurisdiction and venue are proper in Pierce County because plaintiff resides in Pierce County, defendants own property and/or conduct business in Pierce County, and the events took place in Pierce County. II. STATEMENT OF FACTS.1. On August,, Madeline Maddy Roskie was years old. She graduated with honors from Bonney Lake High School June, and planned to attend Pierce College in the fall. She was in excellent health... Maddy and her boyfriend, Bryce Terry, went inner-tubing on the Puyallup River on August,. They took an initial run down the section of the river adjacent to 0 block and the th St. bridge over the Puyallup River. They then walked back to the start location to ride down the river again. At all times, Maddy was wearing a life vest... While waiting in their tubes by the edge of the river for another group to pass, Maddy complained that her legs were going numb. Within seconds, she became unconscious. Bryce Terry also experienced a tingling sensation in his fingers. Bryce Terry floated Maddy to shore where several other people called for help and started CPR. INJURY AND NUISANCE.docx
.. Maddy Roskie was pronounced dead shortly after emergency personnel arrived. She had not experienced any blunt trauma, did not drown, and had no drugs, alcohol, or toxins in her system to account for her death... The address Pierce County Sheriff was dispatched to is0 Block of th St. E. and th St. E., a short distance west of McCutcheon Road. East Pierce Fire and Rescue used the address of th St. E. and McCutcheon Road in their reports of the incident... Electrical distribution systems owned, operated, and maintained by defendant PSE are located on the property adjacent to the section of the river where Maddy was electrocuted... An irrigation pump sits above the river on the west side of the river, south of th St. E. at approximately the 00 Block. It is connected to an irrigation pipe leading into the river... On August,, East Pierce Fire and Rescue received information there could be an electrical hazard on the river. PSE reported a technician found a 0v to ground issue at the pump described in.... On August,, the Pierce County Associate Medical Examiner contacted East Pierce Fire and Rescue to express his concern that an electrical hazard in or near the water at that location may have caused this girl s death... On August,, the operations manager from PSE spoke to East Pierce Fire and Rescue and advised they believe they had found the problem and it was scheduled for repair the following day. PSE acknowledged the problem was believed to be an irrigation draft pipe that enters the river as described in.. Based on this information, East Pierce Fire and Rescue suggested all responders stay a minimum of 0 feet from any pipes entering INJURY AND NUISANCE.docx
the river in that area until they received notice of the repair... On August,, Puget Sound Energy stated they were alerting the State of Washington Department of Labor & Industries to an issue at an irrigation pump on the Puyallup River, south of the th St. E. bridge... Electrical distribution systems emit stray voltage, which can be lethal when improperly installed or lacking adequate grounding or maintenance... PSE has refused to disclose the owner of the pump and/or pipe. III. LIABILITY.1. Negligence. The defendants, individually or collectively, were responsible to install and maintain the pump and pipe in a condition safe to the public, including those floating on the Puyallup River. An entity owning or maintaining strong electrical current wires has a duty to exercise the utmost care and prudence to prevent injury. A malfunction in the distribution system that puts electric current into fresh water is an extremely hazardous condition. The defendants negligence was a proximate cause of the injury and death of Maddy Roskie... Negligence. Defendant PSE was negligent by failing to install and maintain its electrical distribution system in a condition safe to the public, including those passing on the river. A malfunction in the distribution system that puts electrical current into fresh water is an extremely hazardous condition. Its negligence was a proximate cause of the death of Maddy Roskie... Nuisance. The defendants obstructed and impeded the passage of the Puyallup River, thereby creating a public nuisance in violation of RCW., et seq. INJURY AND NUISANCE.docx
IV. DAMAGES.1 The Personal Representative brings this action on behalf of the statutory beneficiaries for the harm suffered as a result of their child s death, including: a. The loss of companionship, love, mutual society, protection, and guidance of their daughter; b. The conscious pain and suffering of Maddy Roskie; and c. The economic loss to Maddy Roskie s estate. V. PRAYER FOR RELIEF.1 WHEREFORE, plaintiff requests: trial; a. Judgment against defendants, and each of them, in an amount to be proven at b. An award of their costs and fees; and c. Such other relief as the court deems just and equitable. DATED this 1st day of August,. SCHROETER, GOLDMARK & BENDER REBECCA J. ROE, WSBA #0 KATHY GOATER, WSBA # Counsel for Plaintiff INJURY AND NUISANCE.docx