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17CV36094
10 Case No.
KIMBERLY GRECCO,
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COMPLAINT
12 Plaintiff,
Negligence
13 v.
14 Amount in Controversy: $2,500,000
CASCADE FUNERAL Fee Authority: ORS 21.160(1)(d)
15 DIRECTORS, INC. and RANDY G. Filing Fee: $793
TJADEN,
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Claim Not Subject to Mandatory
17 Defendants. Arbitration
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Demand for Jury Trial
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1.
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JURISDICTION AND THE PARTIES
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24 This Court has jurisdiction because Mrs. Greccos negligence claim arises
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under Oregon law. Venue is proper because a substantial part of the events and
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omissions giving rise to Mrs. Greccos claim occurred while she resided in
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Multnomah County, Oregon.
COMPLAINT Page 1 of 11
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Defendant Cascade Funeral Directors, Inc. (Oregon Mortuary and Cemetery
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Board License No. CR-0851) is a multi-million-dollar Oregon corporation doing
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16 cremation business as a joint venture for profit and for the use and benefit of people
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entitled to receive the cremated remains of loved ones who have passed away.
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3.
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Plaintiff Kimberly Grecco is an individual residing in Washington County,
25 Greccos conduct and made on information and belief as to the acts of others.
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COMPLAINT Page 2 of 11
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FACTUAL ALLEGATIONS
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Ronald Roark, pictured below, was born in 1940 in Mason City, Washington.
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COMPLAINT Page 3 of 11
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Mr. Roark passed away on January 7, 2016. He had no surviving spouse. Mr.
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Roark had always been very close with his daughter, Kimberly. She sat by her
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6 fathers side and supported him for the last several months of his life.
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COMPLAINT Page 4 of 11
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After Mr. Roark passed away, defendants were legally and contractually
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responsible to cremate his remains and provide the remains to Mrs. Grecco.
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6 Defendants provided Mrs. Grecco the package pictured below in or around February
7 2016:
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26 Mrs. Grecco placed the package on her nightstand so her father would be close
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to her at all times. Mrs. Grecco planned to spread her fathers remains off the coast
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of Oregon on Fathers Day 2016.
COMPLAINT Page 5 of 11
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In June 2016 on Fathers Day, Mrs. Grecco began preparing to spread her
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fathers remains. She and her husband had reservations to stay at the coast and
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6 had made travel arrangements. Before leaving, Mrs. Grecco opened the package
7 defendants had given her for the first time. When she looked inside, Mrs. Grecco
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was horrified to discover that what she had long thought were her fathers remains
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were actually the remains of another man. As pictured below, the toe tag revealed
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11 that defendants had somehow switched the remains of Mr. Roark with the remains
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26 Mrs. Grecco contacted defendants (through her husband) and was shocked to
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learn that the Nichol family had already spread her fathers remains.
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COMPLAINT Page 6 of 11
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Mr. Roarks remains ultimately had to be exhumed from another mans grave
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at a cemetery wall so they could finally be given to Mrs. Grecco. When her fathers
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6 remains were ultimately returned to her, Mrs. Grecco was devastated to see that
7 more than half of the ashes were gone and could never be replaced.
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10.
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As a direct result of defendants behavior as alleged in this complaint, Mrs.
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11 Grecco suffered extreme and ongoing feelings of betrayal, horror, shock, and
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the cremated remains of loved ones who have passed away. On March 23, 2017
21 defendants were reprimanded for the way they behaved in this case. Defendants
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have admitted on the record to violating Oregon law OAR 830-030-0090 in the way
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they mishandled Mr. Roarks remains. But instead of taking responsibility for their
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COMPLAINT Page 7 of 11
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Defendants behavior as alleged in this complaint violated the common
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standards required of cremation businesses by members of the Washington County,
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7 may intend to amend this complaint so the jury can consider whether to punish
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defendants with proportional punitive damages.
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13.
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11 Mrs. Grecco and defendants shared a very special contractual and legal
16 have expected that their behavior as alleged in this complaint would cause Mrs.
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Grecco extreme ongoing emotional harm. In failing to comply with Oregon law, and
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in behaving negligently as alleged in this complaint and failing to exercise
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reasonable care, defendants caused Mrs. Grecco foreseeable injuries including
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COMPLAINT Page 8 of 11
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CAUSE OF ACTION
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Negligence
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As alleged in this complaint, defendants breached their legal duty to properly
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handle Mr. Roarks remains and to properly provide those remains to Mrs. Grecco.
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9 OAR 830-030-0090 was designed to protect people like Mrs. Grecco who are entitled
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failure to exercise reasonable care as alleged in this complaint directly and
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proximately caused Mrs. Grecco substantial injuries as alleged in paragraphs 8
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foreseeable and unreasonable risks of injury to Mrs. Grecco, which also violated
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Oregon law (i.e., OAR 830-030-0090, requiring defendants to abide by minimum
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standards of practice, etc.), constituting negligence per se. As a result of defendants
19 negligence, Mrs. Grecco respectfully requests fair compensation for her injuries in
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an amount to be decided by the jury not to exceed $2,500,000.00.
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COMPLAINT Page 9 of 11
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7 costs. Mrs. Grecco also seeks any other relief this Court deems just and proper.
8 Mrs. Grecco may bring additional claims against defendants (including claims
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for punitive damages) and may add additional defendants to this lawsuit depending
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on information she learns through discovery.
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August 22, 2017
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RESPECTFULLY FILED,
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/s/ Michael Fuller
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Michael Fuller, OSB No. 09357
17 Lead Attorney for Mrs. Grecco
Olsen Daines PC
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US Bancorp Tower
19 111 SW 5th Ave., Suite 3150
Portland, Oregon 97204
20 michael@underdoglawyer.com
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Direct 503-201-4570
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COMPLAINT Page 10 of 11
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Robert Le, OSB No. 094167 Kelly Jones, OSB No. 074217
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Trial Attorney for Mrs. Grecco Appellate Attorney for Mrs. Grecco
4 The Law Office of Robert Le The Law Office of Kelly Jones
rl@robertlelaw.com kellydonovanjones@gmail.com
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PROOF OF MAILING
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16 I declare and certify that on the date below I caused a copy of this complaint
to be mailed to the Oregon Attorney General at the following address:
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Ellen Rosenblum
19 Oregon Attorney General
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Oregon Department of Justice
1162 Court Street NE
21 Salem, Oregon 97301-4096
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/s/ Michael Fuller
25 Michael Fuller, OSB No. 09357
Lead Attorney for Mrs. Grecco
26 Olsen Daines PC
US Bancorp Tower
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111 SW 5th Ave., Suite 3150
28 Portland, Oregon 97204
michael@underdoglawyer.com
Direct 503-201-4570
COMPLAINT Page 11 of 11