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Olson (# 11939)
EISENBERG GILCHRIST & CUTT
Plaintiff Jose Adame is an individual res iding in the State of Utah. He is the
surviving spouse of Delphine Ram irez and surviving natural father of Aniyah Adame.
2.
Plaintiff Kee John is an individual who is the surviving natural father of Delphine
E lias Ramirez is an individual who is the surviving natural father of Deli lah
Ramirez.
6.
7.
Defendant Pepperm ill Casinos, Inc. is a company with its principal place o f
business in Nevada.
8.
This Court has jurisdictio n over this action pursuant to UTAH CODE A N . 78A-
5- l 02 and 788-3-205 in that Defendants caused injuries and death in the State of Utah. A lso,
upon information and belief, Peppermill transacts business in the State of U tah; owns, leases,
possesses and or uses property in the State of U tah ; and advertises in the State of Utah .
9.
Venue of this action is proper with this Comi pursuant to UTAH CODE A
788-3-307 in that the coll ision occurred in Tooele County, State of U tah.
2
GENERAL ALLEGATIONS
10.
11 .
patrons.
12.
On July 4, 2014, Paul Mumford was a patron at one or more of Peppermil l's
casinos in Wendover.
13.
14.
15 .
Peppermill 's servers knew or should have known from the circumstances that
17 .
18 .
19.
20.
He crossed the interstate from the eastbound lanes into the westbound lanes.
2 1.
22.
A t about the same time, Jose Adame was driving westbound on 1-80
111
the
westbound lanes.
23.
vehicle.
24.
25.
The co lli sion caused serious physical injuries to Jose and his fam il y.
3
26.
27.
Plai ntiffs incorporate all preceding paragraphs herein and further all ege the
fo llowing:
28.
Mumford owed Jose, Delphine, Aniyah and Delilah (co llectively "Jose and his
Peppermill owed Jose and his fami ly a duty of reasonable care in the operation of
its business.
30.
31.
b.
c.
d.
b.
c.
d.
e.
f.
g.
32.
Defendants' breaches were a direct and proximate cause of injuries to Jose and hi s
family, death to Delph ine, Aniyah and Del ilah and Plaintiffs' damages.
33.
Defendants' conduct manifested a knowing and reckless disregard for the rights
of others.
SECOND CAUSE OF ACTION
(Dramshop Liabilty)
34.
Plaintiffs incorporate all preced ing paragraphs herein and fu rther allege the
fo llowing:
35.
Peppermill, through its agents and employees, sold, gave, or otherwise provided
It did so even though (l) Mumford was apparently under the influence of
intoxicating alcoho lic products or drugs; (2) Peppermill knew or should have known fro m the
circumstances that Mumford was under the influence of intox icating alcohol ic products or drugs;
or (3) Mumford was a known interdicted person.
38.
39.
The injuries of Jose and his fami ly, the deaths of Delphine, Aniyah and Deli lah
Plaintiffs incorporate all preced ing paragraphs herein and furthe r a llege the
following:
41 .
Peppermill's employees were acting in the course and scope of their employment
Plai ntiffs incorporate all preceding paragraphs herein and further allege the
following:
44.
45.
Defendants' negli gence and improper conduct wrongfully caused death the deaths
DAMAGES
46.
negl igence and reckl essness, Plaintiffs have incurred and Jose Adame will incur medical
expenses in an amount to be proven at tri al.
48.
negligence and recklessness, Delphine, Ani yah and De lilah experienced physical , mental , and
emotional pain and suffering associated with injuri es that led to their death.
49.
negligence and recklessness, Plaintiffs have suffered and wi ll suffer a loss of financial support,
income, inheritance and household services.
50.
negligence and recklessness, Plaintiffs have experienced and will experience a loss of care, loss
of companionship, loss of society, and physical, mental, and emotional pain and suffering
associated with Delphine, Aniyah and Delilah's death.
51.
negligence and recklessness, Jose Adame has suffered and will suffer a loss of income, wages
and loss of earning capacity.
52.
negli gence and recklessness, Jose Adame has experienced and will experience physical, mental
and emotional pain and suffering, loss of enjoyment of life, impairment and disfigurem ent.
53 .
negligence and recklessness, Plainti ffs experienced funeral and burial expenses. impairment and
disfigurem ent.
B.
C.
D.
For costs, interests, and attorney fees to the extent allowed by law; and
E.
TIER DESIGNATION
Pursuant to Utah Rules of Civi l Procedure 8(a) and 26(c)(3), this matter fal ls under T ier
Three and should be permitted discovery pursuant to Tier Tluee.
JURY DEMAND
Plaintiffs demand a j ury trial of all issues that may be tried ofright by a jury.
DATED this 26 1h day of Februar y, 2016.